HomeMy WebLinkAbout2006-01-04; Planning Commission; Resolution 59591
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PLANNING COMMISSION RESOLUTION NO. 5959
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO REVISE
THE PROCEDURES AND REGULATIONS GOVERNING
USES ALLOWED UPON THE APPROVAL OF A
CONDITIONAL USE PERMIT (CUP).
CASE NAME: CUP CODE REVISIONS
CASE NO.: ZCA 04-09
WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal
Code, the Planning Director has prepared an amendment to Title 21 of the Municipal Code
(Zoning Ordinance) relating to procedures and regulations governing uses allowed upon the
approval of a Conditional Use Permit (CUP); and
WHEREAS, the proposed amendment is set forth in the draft City Council
Ordinance, Exhibit “X,” dated January 4, 2006, and attached hereto CUP CODE REVISIONS
- ZCA 04-09; and
WHEREAS, the Planning Commission did on the 4th day of January 2006, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
staff, and considering any written comments received, the Planning Commission considered all
factors relating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of CUP CODE
REVISIONS - ZCA 04-09, based on the following findings:
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Findings:
1. The proposed Zone Code Amendment, ZCA 04-09, is consistent with the General Plan in
that it provides an updated and streamlined permit process to allow for the
development of: a) convenient and desirable land uses within certain zones when
such uses are designed or are subjected to specific conditions to assure compatibility
within the zone and its surroundings; b) schools, parks and recreational areas,
churches and commercial uses in close proximity to each resident of the City; c)
agricultural uses (greenhouses) throughout all zones of the City and d) residential
uses in the Planned Industrial zone and in commercial zones above ground floor
commercial uses.
2. The proposed Zone Code Amendment, ZCA 04-09, reflects sound principles of good
planning in that it: a) ensures internal consistency between the Conditional Use
Permit Chapter 21.42 and all other land use zones within the City’s Zoning
Ordinance and b) implements the goals and objectives of the General Plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of January 2006, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
ABS IN: m JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
h
DON NEU
Assistant Planning Director
PC RES0 NO. 5959 -2-
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Exhibit “X”
January 4,2005
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
MUNICIPAL CODE AND THE LOCAL COASTAL PROGRAM BY
(1) REPEALING AND RENACTING CONDITIONAL USE PERMIT
CHAPTER 21.42, TITLE 21 , . OF THE CARLSBAD MUNICIPAL
CODE, (2) AMENDING CHAPTER 21.50, VARIANCES AND
CONDITIONAL USE PERMITS, TO DELETE REFERENCES TO
CONDITIONAL USE PERMITS, (3) AMENDING CHAPTER 21.04,
DEFINITIONS, TO ADD DEFINITIONS FOR DELICATESSEN,
EDUCATIONAL FACILITIES (OTHER), GAS STATION, AND
PUBLIC AND QUASI PUBLIC BUILDINGS AND ACCESSORY
UTILITY BUILDINGS AND FACILITIES, (4) AMENDING
CHAPTER 21.44, PARKING, TO ADD A PARKING STANDARD
FOR DELICATESSENS, AND (5) AMENDING THE SECTIONS
ON ALLOWED USES AND CONDITIONAL USES WITHIN ALL
ZONES.
CASE NAME: CUP CODE REVISIONS
CASE NO.: ZCA 04-09
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Title 21 , Chapter 21.42, Conditional Use Permits, is repealed and reenacted
as follows:
TITLE 21
MINOR CONDITIONAL USE PERMITS AND CONDITIONAL USE PERMITS
21.42.010
. 21.42.020
21.42.030
21.42.040
21.42.050
21.42.060
21.42.070
2 1.42.080
21.42.090
21.42.1 00
21.42.1 10
21.42.120
21.42.130
2 1.42.140
Ill
Ill
CHAPTER 21.42
Purpose
Authority.
Findings of fact.
Conditions which may be added prior to granting permit.
Application and fees.
Notices and hearings.
Decision making process
Announcement of findings and decision.
Mailing of notice of decision.
Appeals.
Expiration period.
Revocation.
Amendment.
Development standards and special regulations
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21.42.010 Purpose
The purpose of the minor conditional use. permit or conditional use permit is to allow special
consideration for certain uses to be located in zones other than those in which they are
classified as permitted because of their particular characteristics.
Such uses may only be suitable in specific locations in a zoning classification or only if such
uses are designed or laid out in a particular manner on the site or are subjected to specific
conditions to assure compatibility within the zone and its surroundings. Since it would be
impractical and detrimental to the peace, health, safety and general welfare to permit such uses
in all areas of the city in any one or more zones, the peace, health, safety and general welfare
will be promoted if such uses are authorized only by minor conditional use permit or conditional
use permit in accordance with the standards hereinafter set forth.
The privileges and conditions of a minor conditional use permit or conditional use permit
are a covenant that runs with the land, and, in addition to binding the permittee, bind each
successor in interest.
21.42.020 Authority.
The Planning Director or his designee may approve, conditionally approve or deny minor
conditional use permits and the Planning Commission or City Council may approve,
conditionally approve or deny conditional use permits, for uses in zones as prescribed in the this
title, upon making the findings of fact listed in 21.42.030 below.
21.42.030 Findings of fact.
A. A minor conditional use permit or conditional use permit shall be granted only if
the following facts are found to exist in regard thereto:
1. That the requested use is necessary or desirable for the development of the
community, and is in harmony with the various elements and objectives of the general plan,
including, if applicable, the certified local coastal program, specific plan or master plan.
2. That the requested use is not detrimental to existing uses or to uses
specifically permitted in the zone in which the proposed use is to be located.
3. That the site for the proposed conditional use is adequate in size and shape
to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
planning director, planning commission or city council, in order to integrate the use with other
uses in the neighborhood.
4. That the street system serving the proposed use is adequate to properly
hahdle all traffic generated by the proposed use.
B. When the subject of the application for minor conditional use permit or
conditional use permit is protected by the First Amendment to the United States Constitution, or
Article I, Section 2 of the California Constitution then only the definite objective guidelines and
standards of this chapter and of any other chapter of this code applicable to the property shall
apply. The general health, safety and welfare requirements of this subsection shall not apply
and any requirements of this code which may not be constitutionally applied shall be severed
from the requirements which may be constitutionally applied and those applicable shall remain
in full force and effect.
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21.42.040 Conditions which may be added prior to granting permit.
A. In granting a minor conditiqnal use permit or conditional use permit, any and all
conditions necessary to protect the public health, safety and welfare, may be added thereto,
including but not limited to the following:
1. Regulation of use;
2. Special yards, open space, and buffers;
3. Fences and walls;
4. Dedicating and improving public improvements;
5. Regulation of points of vehicular ingress and egress;
6. Requiring placement and maintenance of landscaping;
7. Regulation of signage, noise, vibration, odors, etc.;
8. Regulation of time for certain uses on the subject property;
9. Time schedule for developing the proposed use;
IO. Time period during which the proposed use may be continued;
11. Any other conditions necessary for the development of the city in an orderly
and efficient manner and in conformity with the intent and purpose set forth in this chapter.
21.42.050 Application and fees.
A. Application for a minor conditional use permit or conditional use permit may be
made by the owner of the property affected or the authorized agent of the owner. Application
shall be made in writing on a form provided by the planning department. The application shall
state fully the circumstances and conditions relied upon as grounds for the application and shall
be accompanied by adequate plans, a legal description of the property involved and all other
materials as specified by the planning department.
At the time of filing the application the applicant shall pay a processing fee in an
amount as specified by city council resolution.
6.
21 -42.060 Notices and hearings.
A. Upon the filing of an application for a minor conditional use permit, the planning
director shall give written notice by mail or personal delivery to the project applicant, the owner
of the subject real property or the owner’s duly authorized agent and to all property owners as
shown on the latest equalized assessment roll within three hundred (300) feet of the subject
property at least fifteen (1 5) days prior to a decision on the application.
Upon the filing of an application for a conditional use permit, the planning
commission or city council shall give public notice, as provided in Section 21.54.060(1) of the
intention to consider at a public hearing the granting of a conditional use permit.
B.
2f.42.70 Decision making process
A. Applications for minor conditional use permits or conditional use permits shall be
acted upon in accordance with one of three decision processes identified below. As required by
Chapter 21.208, commercial/visitor-serving uses located within the commercial/visitor-serving
overlay zone shall be decided by process three.
1. Process One - Minor Conditional Use Permit.
a. To determine whether the conditional use permit is decided by
process one, please refer to the use regulation table in each zone.
b. Any person so notified in accordance with Section 21.42.060(A)
above may file written objections or a written request to be heard within ten (IO) days after
the mailing or personal delivery of the notice. If a written request to be heard is filed, the
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planning director shall schedule an informal hearing and provide written notice to the
applicant and the requestor at least five (5) days prior to the hearing. The hearing is not a
formal public hearing.
c. An application for a minor conditional use permit may be approved,
conditionally approved or denied by the planning director based upon hidher review of the
facts as set forth in the application and review of the circumstances of the particular case.
d. The planning director may approve the minor conditional use permit if
all of the findings of fact in Section 21.42.030 are found to exist.
2. Process Two.
a. To determine whether the conditional use permit is decided by
process two, please refer to the use regulation table in each zone.
b. An application for certain conditional use permits may be approved,
conditionally approved or denied by the planning commission at a public hearing noticed in
accordance with Sections 21 54.060, 21.54.061 and 21 S4.062.
c. The planning commission shall hear the matter, and may approve the
conditional use permit if, from the evidence presented at the hearing, all of the findings of
fact in Section 21.42.030 are found to exist.
3. Process Three.
a. To determine whether the conditional use permit is decided by
process three, please refer to the use regulation table in each zone.
b. An application for certain conditional use permits may be approved,
conditionally approved or denied by the city council at a public hearing noticed in
accordance with Sections 21 54.060, 21.54.061 and 21 54.062.
c. Before the city council decision, the planning commission shall hear
and consider the application for a conditional use permit and shall prepare a
recommendation and findings for the city council including all matters set out in Section
21.42.030. The action of the commission shall be filed with the city clerk, and a copy shall
be mailed to the applicant.
d. When the planning commission action is filed with the city clerk, the
clerk shall set the matter for public hearing before the city council, to be noticed and held in
accordance with the provisions of Chapter 21 54.
e. The city council shall hear the matter, and after considering the
findings and recommendations of the planning commission, may approve the conditional
use permit if, from the evidence presented at the hearing, all of the findings of fact in Section
21.42.030 are found to exist.
21.42.080 Announcement of findings and decision.
A. Not more than twenty (20) days following the termination of the proceedings for a
minor conditional use permit or a public hearing for a conditional use permit, the planning
director shall announce his/her findings by letter and the planning commission or city council
shall announce its findings by formal resolution. The letter or resolution shall recite, among other
things:
1. The facts and reasons which, in the opinion of the planning director, planning
commission or city council, make the granting or denial of the minor conditional use permit
or conditional use permit necessary to carry out the provisions and general purpose of this
title. 2. That the minor conditional use permit or conditional use permit be granted or
denied.
3. If the letter or resolution orders that the minor conditional use permit or
conditional use permit, be granted, it shall also recite such conditions and limitations as the
planning director, planning commission or city council may impose.
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21.42.090 Mailing of notice of decision.
A. Not later than seven (7) days following the announcement of a decision ordering
that a minor conditional use permit or conditional use permit be granted or denied, a copy of the
letter or resolution shall be mailed to the applicant at the address shown on the application filed
with the planning director, planning commission or city council.
21.42.100 Appeals.
A. In the case of minor conditional use permits, the action of the planning director
may be appealed to the planning commission in accordance with Section 21.54.140. The
planning commission’s action to approve, conditionally approve or deny is final.
In the case of conditional use permits, the action of the planning commission may
be appealed to the city council in accordance with Section 21.54.150. The city council’s action
to approve, conditionally approve or deny is final.
B.
21.42.1 10 Expiration period.
A. Expiration of permit if not exercised. Any minor conditional use permit or
conditional use permit becomes null and void if not exercised within (18) months of the date of
approval.
B. Extension of permit if not exercised. The planning director/ planning
commission/city council may extend the time within which the right or privilege granted under a
minor conditional use permit or conditional use permit must be exercised for one (1) additional
year upon receipt of a written request from the applicant prior to the expiration of such minor
conditional use permit or conditional use permit. In granting such extension the planning
director/ planning commission/city council shall make a written finding that neighborhood
conditions have not substantially changed since the granting of such minor conditional use
permit or conditional use permit.
Expiration of permit. Such rights and privileges granted under a minor conditional
use permit or conditional use permit shall also expire at such time as the planning director/
planning commission/city council may designate in the approval of the minor conditional use
permit or conditional use permit.
All existing conditional use permits approved prior to the effective date of this
amended ordinance which include an expiration date and a requirement to extend the permit,
may be hereby approved administratively by the Planning Director in perpetuity without the
requirement to extend the conditional use permit.
C.
D.
21.42.120 Revocation.
* A.
B.
The planning director/ planning commission/city council shall have continuing
jurisdiction over any minor conditional use permit or conditional use permit.
To consider the revocation of a minor conditional use permit, the planning
director shall hold an informal hearing after giving notice by the same procedure as for
consideration of a minor conditional use permit.
C. To consider the revocation of a conditional use permit the planning
commission/city council shall hold a public hearing after giving notice by the same procedure as
for consideration of a conditional use permit request.
D. The planning director/ planning commission/city council may revoke and
terminate the minor conditional use permit or conditional use permit in whole or in part, reaffirm
the minor conditional use permit or conditional use permit, modify the conditions or impose new
conditions.
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E.
F.
The action of the planning director/ planning commission is appealable by the
A minor conditional use permit or conditional use permit may be revoked or
1. That the minor conditional use permit or conditional use permit was obtained
2. That the use for which such approval is granted is not being exercised; or
3. That the minor conditional use permit or conditional use permit is being or
4. That the use for which such approval was granted has ceased to exist or has
5. That the use is in violation of any statute, ordinance, law or regulation; or
6. That the use permitted by the minor conditional use permit or conditional use
permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance.
same procedure as for the minor conditional use permit or conditional use permit.
conditions modified or added on any one or more of the following grounds:
by fraud or misrepresentation; or
recently has been exercised contrary to any of the terms or conditions of approval; or
been suspended for one year or more; or
21.42.1 30 Amendment.
Any approved minor conditional use permit or conditional use permit may be amended by
following the same procedure as for approval of a minor conditional use permit or conditional
use permit and upon payment of the application fee contained in the most recent fee schedule
adopted by the City Council.
21.42.140 Development Standards and Special Regulations
A. The following development standards applicable to the particular zone in which
any minor conditional use or conditional use is proposed to be located shall prevail, unless in
the findings and conditions recited in the letter or resolution dealing with each such matter,
specific exemptions are made with respect thereto:
1. Front and side yard setbacks;
2. Building height;
3. Lot area; and
4. Off street parking.
B. The minor conditional uses and conditional uses identified in this section shall be
subject to the following special regulations:
2. Agricultural farm worker housing (temporary):
a. A CUP is required unless exempted by Government Code Section
65589.4.
u
5. Apiary:
a. All hives or boxes housing bees shall be placed at least 400 feet from
any street, school, park, residential zone, or dwelling or place of human habitation other than
that occupied by the owner or caretaker of the apiary.
IO. Aquaculture stands:
a. In considering. the appropriateness of such facility the minimum
following criteria shall be considered:
i. Safe access,
ii. Adequate parking,
iii. Location and appearance of structure or facility,
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- iv. Appearance and location of signs,
v. Compatibility with adjacent uses,
vi. Scale of operation.
15. Arcades (coin-operated):
a. No alcoholic beverages shall be permitted on premises.
b. All activities shall be conducted within the confines of a structure
c. An opening shall be provided through which an unobstructed view of
designed to contain the noise created by such operation.
the interior of the premises can be obtained from the exterior of the building.
20. Bars and cocktail lounges:
a. An opening shall be provided through which an unobstructed view of
b. Parking shall be provided at the rate of not less than 1 space per 50
c. Surrounding grounds, including parking areas, shall be maintained in
d. Any structure housing such operation shall meet all applicable code
e. Licensee or agent shall not permit open containers of alcoholic liquor
f. No bar or cocktail lounge shall be located within 500 feet of any other
the interior of the premises can be obtained from the exterior of the building.
square feet of gross floor area.
a neat and orderly condition at all times.
provisions prior to occupancy.
to be taken from the premise.
bar or cocktail lounge.
25. Bed and breakfast uses:
a. All proposed bed and breakfast uses shall be located within a
historically or architecturally interesting structure which is located in a scenic or other area of the
city with a unique character.
b. A resident manager or owner must live at and be involved in the daily
operation of the facility. Documents pertaining to the operation and maintenance of such facility
shall be submitted for staff approval prior to building permit issuance.
c. All bed and breakfast uses shall contain no less than 3 and no more
than 8 individually decorated guest rooms. A common room shall be available for social
interaction.
d. If meals are served other than for guests staying at the facility, then
the use shall be subject to the requirements of this code for the establishment of a restaurant.
e. Parking spaces shall be provided at a ratio of 2 spaces for the
ownedmanager, plus 1 space for each guest room. Guest parking spaces may be covered or
uncovered. One (1) covered parking space shall be provided for the ownerlmanager unit. No
parking is permitted within the front yard setback.
f. Exterior lighting shall be designed to limit direct light glare outside of
the project site.
g. No kitchens or other cooking facilities in the guest rooms. h. Occupancy of guest units shall be limited to 7 days.
i. The application for a conditional use permit shall include the submittal
of an architectural theme, colored elevations and site plan for review.
30. Biological habitat preserve:
a. The biological habitat preserve shall not adversely impact the city’s
ability to provide public facilities and improvements such as, but not limited to, circulation
element roadways, sewer or water infrastructure improvements and drainage improvements, as
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provided for in the citywide facilities and improvements plan, and the certified local coastal
program.
b. The biological habitat preserve shall be consistent with the city’s
habitat management plan or agency-approved habitat management plan.
c. The biological habitat preserve shall be consistent with the city’s local
coastal program.
d. A conditional use permit shall not be required when a biological
habitat preserve is associated with a development proposal otherwise requiring environmental
review and discretionary approval by the city, or a coastal development permit.
e. Nothing in this section shall be construed as permitting encroachment
or impacts to environmentally sensitive habitat areas and wetlands not permitted elsewhere in
the certified local coastal program.
35. Bowling alleys:
a. No noise shall be audible outside of the structure.
b. If alcoholic beverages are offered for consumption on site, no open
container shall be permitted to be removed from the premises.
c. Parking requirements for any bar area not meeting the definition of
bona fide eating establishment shall be computed at 1 space per 50 square feet of gross floor
area.
40. Campsites (overnight):
a. Any campsite shall be located in, adjacent to, or shall be directly
associated with existing or planned parks and open space system and shall augment the city’s
general plan.
b. An overnight campsite shall comply with all federal, state and local
laws.
c. The site plan for an overnight campsite shall be prepared by a
licensed architect or landscape architect.
d. No person shall occupy any part of an overnight campsite for more
than 90 days, in the aggregate, during any given year.
e. The design of an overnight campsite shall be subject to the following
conditions:
Upon site review, a perimeter 6-foot fence or wall may be
required. Interior 6 foot fencing shall be required to isolate major trash collection and storage
areas. Such fences or walls shall be of materials compatible with an approved architectural
scheme for the total development.
Primary road surfaces, i.e., two-way throughways, shall be
blacktop, asphalt or equivalent road surfaces. One-way throughways with sufficient natural
drainage may be surfaced with decomposed granite or equivalent, otherwise hard surface equal
tautwo-way requirements will be required. The remaining travel surfaces (camp pads, footpaths,
maintenance roads) will be covered with decomposed granite or equivalent material.
iii. Associated signs, freestanding or attached to buildings shall be
designed and constructed in accordance with city ordinances.
iv. Unit site densities shall be computed from a slope analysis of
the project area: 0-5 percent slope = maximum 7 unitdacre; 6-15 percent slope = maximum 3
units/acre; 16 plus percent slope = permanent open space.
v. Sites within the campground shall be clearly marked and shall
be not less than 2,500 square feet in area.
vi. Sites utilized by auto-truck campers, trailers, mobile coaches,
shall front on a roadway not less than 15 feet wide and which affords access to a public road.
i.
ii.
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vii. Said campground facility shall total not less than 10 acres, of
which not less than 60% of the site shall be utilized for recreation activities, other than buildings,
roadways, parking pads, trash or storage areas.
viii. Camping spaces shall be placed at random throughout the
project, so as not to reflect uniformity in appearance or design.
ix. Exterior lighting shall be a type so as not to make visible a
direct light source or cause glare outside the campground facility. Proposed light fixtures shall
be subject to review to assure compatibility with the architectural scheme of the total
development.
x. Landscaping and sprinkler system shall be constructed in
conformance with a plan prepared by a registered landscape architect and approved by the
planning director prior to building permit issuance. The sprinkler system shall be applied only to
those areas that are not in extensive recreational use. Such landscaping shall be in
conformance with but not limited to the following minimum standards:
(A) The campground site shall be planted with
combinations of flowers, turf, groundcovers, shrubs, and trees; said plantings shall
be distributed throughout the site to create a park-like effect.
(B) Trees shall be planted at a ratio of 1 for each 1,000 square feet of gross land area. Ten percent (10%) of all trees shall be of specimen
size. The remaining 90% shall be equally divided among 15, 5 and 1-gallon sizes.
Existing on-site trees may be utilized to fulfill tree requirements.
xi. An architectural concept plan including plans for all structures
and fences shall be adopted for the total development to assure harmony and compatibility of all
facilities within the campground.
xii. Documents pertaining to the maintenance of all facilities
including landscaping, and designating those persons responsible for same, shall be submitted
for staff approval prior to building permit issuance.
xiii. Other conditions may be imposed in connection with any
conditional use permit issued for a campsite, pursuant to conditional use permit ordinance
regulations then in effect.
45. Carwash:
a. The site shall be designed to reduce the visual impacts of buildings
and waiting cars on surrounding development and from public streets.
b. All structures shall be architecturally designed to ensure compatibility
with surrounding development.
c. A noise analysis addressing noise impacts on surrounding
development may be required.
d. A traffic study which analyzes the impact of the proposed carwash on
adjacent and nearby intersections may be required. The limits of this study shall be established
bs the planning director.
e. Adequate parking and circulation shall be provided on-site to
accommodate the proposed use.
f. Waiting areas for cars shall be screened by a combination of
landscaping, fencing and berming.
g. All signs shall comply with an approved sign program. h. Adequate means of eliminating grease and oils from drainage
systems shall be provided.
50. Drive-thru restaurants:
a. Drive-thru restaurants are prohibited within all zones in the city,
including coastal zone properties. The drive-thru restaurant prohibition applies citywide to all
existing and proposed specific plans, master plans, and related amendments. Drive-thru
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restaurants that are either existing or have received final approvals on January 5, 1998 are
allowed to continue in existence subject to the terms and conditions of this code and the
conditional use permit or other discretionary permit permitting them and may apply for and may
be granted CUP extensions under this code.
.. - 55. Drug paraphernalia stores:
a. No drug paraphernalia store shall be located within 500 feet of any
school, church, residence, residential area, children’s camp or club, child care facility,
community center, library, park, public beach or playground.
b. No drug paraphernalia store shall have a sign or advertisement which
displays, shows or represents drug paraphernalia or any illegal drug including but not limited to,
marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety
Code of the state of California.
c. An opening shall be provided through which an unobstructed view of
the interior of the premises can be obtained from the exterior of the building.
60. Escort services:
a. An opening shall be provided through which an unobstructed view of
the interior of the premises can be obtained from the exterior of the building.
b. No such business shall be located within 500 feet of any residential
zone.
c. An application for a conditional use permit shall be referred to the
chief of police, which application shall be under oath, and shall include, among other things, the
true names and addresses of all persons financially interested in the business. The past criminal
record, if any, of all persons financially interested in the business shall be shown on such
application. The term “persons financially interested” shall include the applicant and all persons
who share in the profits of the business on the basis of gross or net revenue, including
landlords, lessors, lessees, and the owner of the building, fixtures or equipment. The application
shall also be accompanied by fingerprints of persons financially interested.
.
The chief of police shall make such investigation as is necessary to
determine the background of the applicant and other persons financially interested. The chief of
police shall report to the Planning Commission his findings and recommendations as to whether to approve, deny, or conditionally approve or deny the conditional use permit in writing within
180 days after the application is submitted. The recommendations of the police chief shall be
based on the findings and may also be based on his judgment of potential enforcement
problems and reasons therefore from the proposed establishment. Failure to so report shall be
deemed approval of the application. The Planning Commission may deny an application based
on the findings and recommendations of the chief of police.
.% 65. Gas stations:
a. Permits for gas stations shall be granted only in the event one
i. The use is to be developed as part of a master-planned recreation
ii. The use is to be developed as part of a freeway-service facility,
iii. The use is to be developed as part of a commercial facility that is
(1) or more of the following factual situations is found to exist:
area, industrial park, regional or community shopping center.
containing a minimum of two freeway oriented uses.
an integral part of a planned community development.
b. Development standards:
i. All structures shall be architecturally designed to be compatible with
surrounding neighborhood uses.
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ii. Landscape plans shall consist of the following:
(A) Perimeter planter areas of a minimum of 6 feet in width
(B) Six-inch (6") concrete curb bounding all planter areas, (C) Landscaping including a combination of flowers,
(D) A sprinkler system providing total and effective
(E) A statement delineating a maintenance schedule and
iii. A 6-foot high masonry wall shall be constructed on all sides of the
iv. All exterior lighting shall be shielded or oriented in such way so as
v. All displays and storage shall be contained within the main
vi. Trash containers shall be contained within a 6 - foot high
vii. All signs shall be in conformance with the city's sign ordinance.
viii. Full public improvements shall be provided as may be required for
public convenience and necessity.
c. The development standards (see subparagraph b. above) shall apply
to existing gas stations when renovated structurally, and any newly developed service stations.
Provisions regarding location shall not apply to gas stations in existence as of September 15,
1970.
and planter areas adjacent to the structure,,
shrubs, and trees,
coverage to all landscaped areas,
responsibility for maintenance of landscaped areas.
property that adjoin residential or residential-professional zoned property.
not to glare on adjacent properties.
structure.
enclosure.
70. Greenhouses (greater than 2,000 square feet in area) and
a. Lighting shall be directed away from nearby residences and shall not
b. Fans shall not create a noise nuisance to nearby residences.
c. Driveways shall be improved with dust control material and be
d. Structure, including panels or coverings, shall be maintained and not
e. The approving conditional use permit resolution shall contain the time
Packing/Sorting Sheds (greater than 600 square feet in area):
create undue illumination.
maintained.
become a safety hazard or nuisance to the neighborhood.
limits of the permit and the provisions for periodic review.
75. Hazardous waste facilities:
a. Applications for specified hazardous waste facilities shall be
prcxessed in accordance with the requirements of this code and of Chapter 6.5 of Division 20 of
the Health and Safety Code commencing with Section 25100. A conditional use permit for a
specified hazardous waste facility shall not be approved unless all of the following findings can
be made:
i. That all of the findings required by this chapter for approval of a
conditional use permit can be made,
ii. That the project is consistent with Chapter IX Section C
(General Areas) and Appendix IX-B (General Areas) of the San Diego County Hazardous Waste
Management Plan, and,
iii. That the project is consistent with Chapter IX Section B (Siting
Requirements) and Appendix IX-A (Siting Criteria) of the San Diego County Hazardous Waste
Management Plan.
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80. Hotel and motel uses:
a. The application for a conditional use permit shall include the submittal
of an architectural theme, colored elevations and site plan.
b. When adjoining residentially zoned property, hotels and motels under
this section must comply with the following provisions:
i. Front yard setbacks, buildings -- 25 feet or the same distance as
existing buildings on adjoining lots; driveway or parking area -- 10 feet; outdoor recreational
amenities -- 10 feet;
ii. A 6 foot-high masonry wall shall be constructed along all property lines
that are adjacent to residentially zoned properties (except where prohibited by approved
driveways).
85. Liquor stores:
a. There are specifically designated parking spaces that are sufficient for
b. Traffic flow on public streets or in parking areas will not cause
c. That all measures have been taken to insure compatibility of the use
d. An opening shall be provided through which an unobstructed view of
e. Such establishment shall not be located within 500 feet of any other
the use.
congestion or be detrimental to other nearby neighborhood commercial uses.
with the surrounding neighborhood.
the interior of the premises can be obtained from the exterior of the, building.
licensed liquor store.
90. Mobile buildings:
a. The mobile building shall be occupied by a permitted or conditional
use allowed in the zone in which it is placed.
b. The occupancy shall be limited to a five-year term, unless extended
by the Planning Commission.
c. Newly placed mobile buildings shall not be installed on permanent
foundations.
d. All mobile buildings shall have wood or stucco siding and must be
installed with skirting to screen the chassis, wheels, and temporary foundation system
e. All mobile buildings must meet all applicable local, state, and federal
codes including, but not limited to: manufacturer’s certificate of origin, current and valid
registration tags, adequate accessibility for disabled persons, temporary foundation system
design and installation, utility connections, and zoning requirements such as building height and
setbacks.
95. Oil and gas facilities (on-shore) including, but not limited to: processing
plants, refineries, storage facilities, transfer stations, pipelines, warehouses, offices, tanker
terminals, helicopter pads and the like:
life and property to residents of the neighborhood, community or city,
damage or injuries to nearby residents,
adverse environmental effects,
Such facilities are prohibited except upon findings by the city council that:
i. Approval of the proposed project and facilities will pose no danger to
ii. Approval of the proposed project will not pose a potential threat of
iii. The benefits of the proposed project clearly outweigh the possible
iv. There are no feasible alternatives to the proposed project, and
v. The location and approval of the on-shore facilities at the particular
location clearly outweigh any potential harm to public health, safety, peace, morals, comfort and
general welfare of persons residing or working in the neighborhood or community and will not be
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detrimental or injurious to property in the neighborhood, community or to the general welfare of
the city.
vi. Such facilities shall also require a planned industrial permit pursuant
to Chapter 21.34.
100. Parks, public:
a. All applications for a public park shall include a master park site plan
exhibit. The master park site plan exhibit shall include the general location of and maximum
anticipated site area and building area of proposed major and accessory park uses (i.e.; picnic
areas, playfields, playgrounds, athletic fields, swimming pools, tennis/volleyball courts,
gymnasiums, clubhouses, restrooms, trails, driveways, parking areas and fences).
b. The development of the specific uses that are identified on the master
park site plan shall not require an additional conditional use permit or an amendment to the
existing master park site plan conditional use permit.
c. Park improvements that do not add a new land use to the master park
site plan or increase the maximum anticipated site area or building area for a use by more than
20 percent of what is anticipated on the master park site plan may be approved administratively
by the Planning Director.
105. Pawnshops:
a. No pawnshop shall be located within 500 feet of any establishment
b. No pawnshop shall be located within 500 feet of any residentially
c. An opening shall be provided through which an unobstructed view of
licensed to dispense (for on-site or off-site consumption) alcoholic beverages.
zoned property.
the interior of the premises can be obtained from the exterior of the building.
1 IO. Pool halls or billiard parlors:
a. No such establishment shall be located within 500 feet of any
b. No establishment shall be permitted to dispense alcoholic beverages
c. An opening shall be provided through which an unobstructed view of
d. Each structure housing such operation shall be constructed so as to
establishment licensed to dispense alcoholic beverages for consumption on-site or off-site.
for consumption on-site or off-site.
the interior of the premises can be obtained from the exterior of the building.
contain within the structure all noise and other objectionable byproducts of such operation.
115. Processing plants for farm crops, similar to those being grown on the
a. No processing plant shall be located within 50 feet of any lot line.
premises:
u
120. Recreational vehicle (RV) storage:
a. Only recreational vehicles as defined in Section 21.04.298 of this
code may be stored within any recreational vehicle storage area; all stored vehicles must be in
an operable condition and, if required, currently licensed.
b. Permitted recreational vehicle storage shall not be utilized as a sales
yard, or as storage for a sales yard. An occasional sale by an individual may be permitted.
c. The maintenance, restoration and/or repair of any vehicle shall not be
permitted within any recreational vehicle storage area, unless otherwise specifically permitted
by the conditional use permit.
d. The utilization of a stored vehicle as a living unit shall not be
permitted.
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e. An accessory building, for administrative and security purposes, may
be permitted by the conditional use permit.
f. All approved recreational vehicle storage areas shall be subject to the
following development standards:
i. All recreational vehicle storage areas shall be surfaced with 2
inches of asphalt on 4 inches of base, or with an alternative acceptable to the city engineer. In
addition, the interior circulation and parking and layout design shall be subject to the approval of
the city engineer.
ii. All setbacks shall be landscaped with trees, shrubs and other
plant material to the satisfaction of the planning director. However, in no case shall less than a
10 foot-wide planter along all street frontages and a 5 foot-wide planter along all interior lot lines
be landscaped as specified above. In addition, 3% of the remainder of the site shall be
landscaped with a variety of plant material and in locations throughout the storage area. These
areas shall be a minimum dimension in all directions of 4 feet and bounded by a minimum six-
inch (6”) concrete or masonry curb. All landscaped areas shall be served by a water irrigation
system providing total and effective coverage to all landscaping.
iii. The storage area shall be screened from all views by a minimum 8
foot-high wall or fence. Said wall or fence shall entirely surround the site and shall observe a
minimum setback equal to the required planting areas specified by the previous development
standard set out in subparagraph (f)(ii). The decision making body may impose any additional
conditions necessary to mitigate adverse visual affects of the wall or fence
iv. On-site visitor and employee parking shall be provided within the
storage area at a ratio of 1 space per every 10,000 square feet of lot area, or as required by the
conditional use permit. However, in no case shall less than 3 on-site visitor/employee parking
spaces be provided.
v. Signing for a recreational vehicle storage area shall be limited to a
wall sign with a maximum total area of 20 square feet in all zones. No freestanding signs shall
be permitted.
125. Residential care facilities (serving more than six persons):
a. The facility shall meet all requirements for the approval of such use
imposed by the city community development director and fire marshal as a group “D”
occupancy, division 2.
b. The facility shall comply with all the rules, regulations and standards
required by the State Department of Social Services.
c. Off-street parking as required in Chapter 21.44 shall be provided.
d. The planning commission or the city council on appeal may modify
any of the above standards, if it is found that such modifications will not be detrimental to the
health and safety of the residents.
* 130. Residential uses located above the ground floor of a multi-storied
commercial building:
required to be located on the ground floor of the building.
a. One (1) or more of the uses permitted by Section 21.26.010 is
135. Residential uses in the P-M zone:
a. One-family dwellings, two-family dwellings and multiple-family
dwellings or a combination thereof, which serve to house the employees of businesses located
in the P-M zone, may be conditionally permitted subject to the following findings:
i. A planned development permit for the project has been approved,
or is approved concurrently with the conditional use permit, by the city council.
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ii. The residential development is an integral part of an industrial park
or large industrial use.
iii. The residential development is designed to be compatible with the
industrial use it serves by means of landscaping, open space separations, etc.
iv. The industrial development served by the residential development
shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and
from the residential development.
v. The maximum allowable density for the residential development
shall be established by the city council but in no event shall the density exceed 40 dwelling units
per acre.
140. Tattoo parlors:
a. No tattoo parlor shall be located within 500 feet of any licensed
alcoholic beverage dispensing operation offering said beverages for on-site or off-site
consumption.
b. No tattoo parlor shall be operated in conjunction with nor share any
operating space with any other business.
c. An opening shall be provided through which an unobstructed view of
the interior of the premises can be obtained from the exterior of the building.
150. Thrift shops:
a. An application for a conditional use permit shall be referred to the
chief of police, which application shall be under oath, and shall include, among other things, the
true names and addresses of all persons financially interested in the business. The past criminal
record, if any, of all persons financially or otherwise interested in the business shall be shown
on such application. The term “persons financially interested” shall include the applicant and all
persons who share in the profits of the business on the basis of gross or net revenue, including
landlords, lessors, lessees and the owner of the building, fixtures or equipment. The application
shall also be accompanied by fingerprints of persons financially interested.
The chief of police shall make such investigation as is necessary to
determine the background of the applicant and other persons financially interested. The chief of
police shall report to the planning commission his findings and recommendations as to whether
to approve, deny or conditionally approve or deny the conditional use permit in writing within
thirty days after the application is submitted. The recommendation of the police chief shall be
based on the findings and may also be based on his judgment of potential enforcement
problems and reasons therefore from the proposed establishment. Failure to so report shall be
deemed approval of the application. The planning commission may deny an application based
on the findings and recommendations of the chief of police. Charitable organizations shall be
specifically exempt from the report provisions of this section. For purposes of this section, a
“charitable organization” is one organized for religious, scientific, social, literary, educational,
recreational, benevolent, or other purpose not that of pecuniary profit.
b. No goods shall be taken on a consignment basis.
155. Time-share projects:
a. All projects in residential zones shall be subject to the development
standards and design criteria of Chapter 21.45 of this code, while all projects in nonresidential
zones shall be subject to the development and design criteria of the underlying zone, except
that: The city council may reduce the required resident parking down
to 1 parking space per unit, based on the results of a parking study prepared by a registered
traffic engineer that demonstrates that adequate parking will be provided and the reduction will
not adversely affect the neighborhood.
i.
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II. The city council may waive the storage area requirements of
Section 21.45.060. Any reduction in the storage requirements shall be supported by a finding
that the reduction is necessary for the development of the project and will not adversely affect
the neighborhood.
iii. If a time-share project on a residentially zoned property is
proposed with reduced standards, the applicant shall provide a conversion plan showing how
the project can be altered to bring it into conformance with the development standards and
design criteria of the planned development ordinance. A conversion shall be approved as and
be made a part of the permit for the project.
If a time-share project is proposed in a nonresidential zone it
shall be conditioned to be converted to a hotel use if it cannot be successfully marketed as a
time-share project, and shall be subject to all conditions of Section 21.42.140 (B)(155).
All proposals for time-share projects shall be accompanied by a
detailed description of the methods proposed to be employed to guarantee the future adequacy,
stability and continuity of a satisfactory level of management and maintenance. A management
and maintenance plan shall be approved as and made a part of the permit for the project.
All units in a time-share project shall be time-share units except
a permanent on-site management residence unit may be permitted. The maximum time
increment for recurrent exclusive use of occupancy of a time-share unit shall be 4 months. A
note indicating this requirement shall be placed on the final map for the project.
In addition to the 4 mandatory findings required for the issuance
of a conditional use permit under Section 21.42.030, the city council shall find that the time-
share project is located in reasonable proximity to an existing resort or public recreational area
and, therefore, can financially and geographically function as a successful time-share project
and that the project will not be disruptive to existing or future uses in the surrounding
neighborhood.
viii. Time-share projects may be allowed in the P-C zone if specified
in the master plan for the area in which they will be located and the land use designation for the
master plan area in which the proposed time-share project will be located is similar to the R-P,
R-3, RD-M, R-TI C-T or C-2 zones.
All of the provisions of this section shall apply to the conversion
of an existing structure to a time-share project.
All time-share projects shall be processed in accordance with
this section except that subsequent to planning commission review, the matter shall be set for
public hearing before the city council. The city council may approve, conditionally approve or
deny the project. The decision of the city council is final.
xi. A subdivision map filed in accordance with Title 20 of this code
shall accompany any application for a time-share project.
iv.
v.
- vi.
vii.
ix.
x.
160. Windmills (exceeding the height limit of the zone):
* a. May be conditionally permitted provided the purpose of such windmills
is to generate usable electrical or mechanical energy and provided the windmill is architecturally
compatible with the other buildings on the site.
165. Wireless Communication Facilities (WCFs):
a. Shall comply with City Council Policy Statement No. 64. An
application for a WCF may be processed as a minor conditional use permit, pursuant to this
Chapter, if it is found to be consistent with the Preferred Location and the Stealth Design
Review and Approval Guidelines of City Council Policy Statement No. 64.
Preferred Location and the Stealth Design Review and Approval Guidelines of City Council
Policy Statement No. 64 shall be processed as a conditional use permit by Process 2.
b. WCF conditional use permit applications that do not comply with the
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170. Zoos (private):
a. The property for such private zoo has a minimum of 20,000 square
b. No animal is kept within 20 feet of any property line,
c. A valid wild animal permit has been issued by the state.
feet,
SECTION II: That Chapter 21 SO.,Variances, of the Carlsbad Municipal Code is
amended to read as follows:
Chapter 21.50
Variances
21 S0.010
21.50.020 21 50.030
21.50.040
21 50.050
21.50.060
21.50.070
21.50.080
21.50.010
A.
the general
Variance--Granting authority.
Purpose of variance.
Required findings for variances.
Variance Notice and hearing.
Announcement of findings and decision by cesolution.
Resolutions announcing findings and order to be numbered and kept as
permanent record.
Mailing of notice of decision of planning commission.
Effective date of order--Appeal of planning commission decision.
Variance--Granting authority.
When practical difficulties, unnecessary hardships, or results inconsistent with
purpose of this title result through the strict and literal interpretation and
enforcement of the provisions hereof, the planning commission shall have authority, as an
administrative act, subject to the provisions of this title, to grant upon such conditions as it may
determine, such variance from the provisions of this title as may be in harmony with its general
purpose and intent, so that the spirit of this title shall be observed, public safety and welfare
secured and substantial justice done. In the coastal zone, a variance shall not be allowed to
diminish or otherwise adversely affect the substantive requirements for protection of coastal
resources. (Ord. NS-365 Q 8, 1996: Ord. 9060 Q 1800)
21 50.020 Purpose of variance.
A. The sole purpose of any variance shall be to prevent discrimination, and no
variance shall be granted which would have the effect of granting a special privilege not shared
by other property in the same vicinity and zone. (Ord. 9060 Q 1801)
21 50.030
*
Required findings for variances.
A. Before any variance may be granted, it shall be shown:
1. That because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict application of the zoning
ordinance deprives such property of privileges enjoyed by other property in the vicinity and
under identical zoning classification;
2. That the variance shall not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which the subject property is
located and is subject to any conditions necessary to assure compliance with this finding;
3. That the variance does not authorize a use or activity which is not otherwise
expressly authorized by the zone regulation governing the subject property;
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4. That the variance is consistent with the general purpose and intent of the
general plan and any applicable specific or master plans;
5. In addition, in the coastal zone, that the variance is consistent with and
implements the requirements of the certified local coastal program and that the variance does
not reduce or in any manner adversely affect the protection of coastal resources as specified in
the zones included in this title, and that the variance implements the purposes of zones adopted
to implement the local coastal program land use plan.
21 50.040 Variance Notice and hearing.
A. Upon the filing of an application for a variance by a property owner of record, or
by a lessee with the consent of the owners which application sets forth fully the grounds for, and
the facts deemed to justify the granting of the variance, the planning commission shall give
public notice, as provided in Section 21.54.060(1) of #he intention to consider at a public hearing
the granting of a variance.
21.50.050 Announcement of findings and decision by resolution.
A. Not more than twenty (20) days following the termination of the proceedings of
the public hearing on a variance, the planning commission shall announce its findings by formal
resolution, and the resolution shall recite, among other things, the facts and reasons which, in
the opinion of the planning commission, make the granting or denial of the variance, necessary
to carry out the provisions and general purpose of this title, and shall order that the variance, be
granted or denied, and if such resolution orders that the variance, be granted, it shall also recite
such conditions and limitations as the commission may impose.
21.50.060 Resolutions announcing findings and order to be numbered and kept as
permanent record.
A. The formal resolution of the planning commission announcing its findings and
order after hearing on an application for a variance, shall be numbered consecutively in the
order of their filing and shall become a permanent record in the files of the planning
commission.
21 50.070 Mailing of notice of decision of planning commission.
A. Not later than 7 days following the announcement of a decision ordering that a
variance be granted or denied, a copy of the resolution shall be mailed to the applicant at the
address shown on the application filed with the planning commission.
25.50.080 Effective date of order--Appeal of planning commission decision.
A. The effective date of the planning commission’s decision and method for appeal
of such decision shall be governed by Section 21 54.150 of this code.
SECTION Ill: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is
amended by the addition of Section 21.04.106 to read as follows:
“21.04.106 Delicatessen.
“Delicatessen” means a type of restaurant, totaling less than 1,600 square feet in total floor
area, selling ready-to-eat food and canned or bottled beverages to the public. Food is pre-
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cooked or prepared at another location and only heated or toasted on the site. No stoves or
ovens for the cooking or preparation of food nor tableware or dish-washing facilities (other than
a standard sink) are permitted. No waiters, or waitresses are employed on the premises.”
SECTION IV: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code
is amended by the addition of Section 21.04.137 to read as follows:
“21.04.137 Educational facilities, other.
“Educational facilities, other” means educational, training and tutoring services not subject to
the California Education Code nor standards set by the State Board of Education, including but
not limited to: trade, cosmetology, pet grooming, music, dance, martial arts, gymnastics and
language.”
SECTION V: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is
amended by the addition of Section 21.04.156 to read as follows:
“21.04.1 56 Gas station.
“Gas station” means a retail business used primarily for the sale of vehicular fuels; minor
servicing and repair of automobiles; and the sale and installation of lubricants, tires, batteries,
and similar vehicle accessories. A gas station may include a mini-mart convenience store as an
accessory use.”
SECTION VI: That Chapter 21.04 (Definitions) of the Carlsbad Municipal Code is
amended by the addition of Section 21.04.297 to read as follows:
“21.04.297 Public and quasi-public office buildings and accessory utility buildings and
facilities.
“Public and quasi-public office buildings and accessory utility buildings and facilities” includes,
but are not limited to: government office buildings and accessory utility buildings and facilities
such as: water wells, water storage, pump stations, booster stations, transmission or distribution
electrical substations, operating centers, gas metering and regulating stations, or neighboring
telephone exchanges, with the necessary apparatus or appurtenances incident thereto. Such
uses do not include water, sewer or drainage pipelines or utility buildings/facilities that are built,
operated or maintained by a public utility to the extent that they are regulated by the California
Public Utilities Commission.”
SECTION VII: That Section 21.44.020 (Parking spaces required), of the
Carlsbad Municipal Code is amended by the addition of Section 21.44.020(b)(2.5) to read as
follows:
“(2.5) Delicatessen - One space/two hundred and fifty square feet of gross floor area.”
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6
7
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10
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21
22
23
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USE
Accessory uses and structures (See note 5)
SECTION VIII: That Chapter 21.07 (E-A Exclusive Agricultural Zone) of the
Carlsbad Municipal Code, Section 21.07.040 (Uses and structures permitted by conditional use
permit) and Section 21.07.030 (Permitted accessory uses and structures) are repealed, and
Section 21.07.020 (Permitted uses and structures) is amended to read as follows::
P CUP Acc
X
"21.07.020 Permitted Uses.
Agricultural farm worker housing (temporary) (Subject to
Airports
Animals and poultry - small (less than 25) (See note 2)
Animals and poultry - small (more than 25) (See note 2)
Apiary/bee keeping (Subject to Sec. 21.42.140.8.5)
Aquaculture (defined: Sec. 21.04.036)
Aviary
Biological habitat preserve (Subject to Sec.
Campsites (overnight) (Subject to Sec. 21.42.140.B.040)
Cattle, sheep, goats, and swine production (See note 3)
21.42.140.8.2) (See also note 1)
21.42.140.B.030) (defined: Sec. 21.04.048)
Cemeteries
A. In an E-A zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted subject to the requirements and development
standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off-
street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42. A use similar to those listed in Table A, may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
into the general category (ex: in some commercial zones "office" is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this Exclusive Agricultural Zone (even
under a general use category) unless it is specifically listed in Table A of this Chapter as
permitted or conditionally permitted.
B.
C.
D.
3
3
1
1
2
1
2
2
3
X
X
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
"P" indicates use is permitted
"CUP indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
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8
9
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21
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Churches, synagogues, temples, convents, monasteries, I 2
Greenhouses,
21.42.140.6.070)
Greenhouses (2,000 square feet maximum)
Guest house
Hay and feed stores
> 2,000 square ~ feet (Subject to Sec. 1
X
X
1
Horses, private use
Mobile buildings (Subject to Sec. 21.42.140.6.090)
X
2
(defined Section 21.04.265)
Mobile home (See note 6)
Nursery crop production
Other uses or enterprises similar to the above customarily
carried on in the field of agriculture
Packing/sorting sheds > 600 square feet (Subject to Sec.
21.42.140.6.070)
Plant nurseries & nursery supplies
Processing plant (for crops) (Subject to Sec.
2 1 .04.140.6. 1 1 5)
Produce/flower stand for display and sale of products
produced on the same premises (See note 4)
Public/quasi-public buildings and facilities and accessory
utility buildings/facilities (defined: Sec. 21.04.297)
Radio/television/microwave/broadcast station/tower
Recreation facilities
Satellite television antennae (Subject to Sec. 21 53.130, et
X
X
X
1
1
1
X
2
2
2
X
-21-
seq.)
Sisns (Subject to Chapter 21.41) (defined: Sec. 21 -04.305)
StabledRiding Academies (defined: Sec. 21.04.31 0 and
X
2
21.04.31 5)
Stadi u m s 3
Tree farms
Truck farms
Sec. 21.04.378)
21.42.140.6.160)
21.42.140.165) (defined: Sec. 21.04.379)
Veterinary clinic/animal hospital (small animals) (defined:
Windmills (exceeding height limit of zone) (Subject to Sec.
Wireless communications facilities (Subject to Sec.
X
X
1
2
1 /2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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23
24
25
26
27
28
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined:
Sec. 21.04.400)
2
Notes: 1. Farm worker housing: Provided the numbe; of units shall not exceed two per gross acre of land area and
no such housing is located closer than fifty feet from any lot line.
2. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall
be kept within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable
structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a
parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the
parcel zoned for residential uses shall be the greater of the distances so indicated.
3. Cattle, small animals, etc: Provided that the number of any one or combination of said animals shall not
exceed one animal per half acre of lot area. Said animals shall not be located within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel zoned for
residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential uses when a
habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the
greater of the distances so indicated.
4. ProduceMower stands: Provided that the floor area shall not exceed two hundred square feet and is located
not nearer than twenty feet to any street or highway.
5. Accessory uses/ structures: Include but are not limited to: private garages, children’s playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, offices, coops, lath houses, stables, pens,
corrals, and other similar accessory uses and structures required for the conduct of the permitted uses.
6. Mobile home: Certified under the National Mobile home construction and Safety Standards Act of 1974 (42
U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety
Code.”
USES
SECTION IX: That Chapter 21.08 (R-A Residential Agricultural Zone) of the
P 1 CUP I Acc
Carlsbad Municipal Code, Section 21.08.020, (Permitted uses), is amended to read as follows:
Accessory buildings/structures (ex. garages, workshops, tool
sheds, patio covers, decks, etc.) (See note 1, below) (defined:
Sec. 21.04.020)
“21.08.020 Permitted Uses.
X
A. In an R-A zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted subject to the requirements and development
standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off-
street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
B.
C.
TABLE A
PERMITTED USES [ In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
“P” indicates use is permitted
“CUP” indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
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4
5
6
7
8
9
10
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12
13
14
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17
18
19
20
21
22
23
24
25
26
27
28
Agricultural crops
Agricultural stand (for display of products raised on premises)
Animal keeping (household pets) (Subject to Sec. 21 53.084)
Animal keeping/grazing (horses, sheep or bovine animals),
Animal keeping (poultry, rabbits, chinchillas and any fur bearing
Animal keeping (wild animals) (Subject to Sec. 21 53.085)
Aquaculture (defined: Sec. 21.04.036)
Biological habitat preserve (Subject to Sec. 21.42.140.B.030)
(defined: Sec. 21.04.048)
Campsites (overnight) (Subject to Sec. 21.42.140.6.040)
Cemeteries
Churches, synagogues, temples, convents, monasteries, and
other places of worship
Educational institutions or schools, pubWprivate (defined: Sec.
21.04.140)
Dwelling, one-family (defined: Sec. 21.04.125)
Family day care home (large), subject to Chap. 21.83 (defined:
Family day care home (small), subject to Chap. 21.83 (defined:
Golf courses (See note 5, below)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet (Subject to Sec.
("stand" defined: Sec. 21.04.320)
excluding dairies (See notes 2 & 4, below)
animals for domestic or commercial purposes) (See notes 3 & 4,
below)
Sec. 21.04.147)
Sec. 21.04.148)
X
X
X
X
X
X
2
2
2
3
2
2
X
X
X
2
1
X
21.42.140.B.070)
Home occupation (Subject to Sec. 21.10.040)
Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined I 121
X
.. Sec. 21.04.265) .
Mobile home (See note 6, below) (defined: Sec. 21.04.266)
Packingkorting sheds (600 square feet maximum)
X
X
Packing/sorting sheds > 600 square feet (Subject to Sec.
21.42.140. B.070
Plant nurseryhursery supplies
Public/quasi-public buildings and facilities and accessory utility
1
1
2
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buildings/facilities (defined- Sec. 21.04.297)
Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150) X
(defined: Sec. 21.04.302)
21.04.303)
Second dwelling unit (Subject to Sec. 21.10.030) (defined: Sec.
Signs (Subject to Chap. 21 -41) (defined: Sec. 21.04.305)
StabledRiding Academics (defined: Sec. 21.04.31 0 and
21.04.31 5)
Temporary bldgltrailer (real estate or construction) (Subject to
Sec. 21 53.090 and 21 53.1 10)
21.42.140.165) (defined: Sec. 21.04.379)
21.04.400)
Wireless communications facilities (Subject to Sec.
Zoos (private) (Subject to Sec. 21.42.140.B. 170) (defined: Sec.
X
X
2
X
1 /2
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
USE P
Agricultural farm worker housing (temporary) (Subject to
Animals and poultry - small (525)
21.42.144.B.2.)
- Note:
1. Private garages (defined: Sec. 21.04.150) shall accommodate not more than four cars; however, additional
garage or implement shelters may be erected, maintained and used on sites of ten acres or more, provided that
such structures shall not occupy any required yard space.
2. On sites of four (4) acres or less, there shall not be more than two (2) horses, or two (2) sheep or two (2)
bovine animals per acre of ground devoted to feed such animals (excluding feed lots).
3. Poultry, rabbits and other fur bearing animals shall be confined at all times within an enclosure.
4. The keeping of all domestic animals provided for in this section shall conform to all other provisions of law
governing the same, and no fowl or animal, or any pen, coop, stable, or barn, shall be kept or maintained within
forty (40) feet of any building used for human habitation located on adjoining property, or within forty (40) feet of any street or public property.
5. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned
community development. 6. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974
(42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety
CUP Acc
3
1
SECTION X: That Chapter 21.09 (R-E Rural Residential Estate Zone) of the
Carlsbad Municipal Code, Section 21.09.025 (Second Dwelling Units), Section 21.09.030
(Permitted accessory uses and structures) and Section 21.09.040 (Uses and structures
permitted by conditional use permit) are repealed, and Section 21.09.020, (Permitted uses), is
amended to read as follows:
"21.09.020 Permitted uses.
A. In an R-E zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of the zone, and is substantially
similar to the specified permitted uses.
B.
C.
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5
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8
9
10
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21
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23
24
25
26
27
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Apiary/bee keeping (Subject to Sec. 21.42.140.B.005)
Aquaculture (defined: Sec. 21.04.036)
Aviary
Barns, private garages, playhouses, windmills, silos, radio and
television receiving antennas, stables and other similar
accessory uses required for the conduct of the permitted uses
Biological habitat preserve (Subject to Sec. 21.42.140.B.030)
(defined: Sec. 21.04.048)
Campsites (overnight) (Subject to Sec. 21.42.140.B.040)
Cemeteries
Churches, synagogues, temples, convents, monasteries, and
other daces of worshiD
1
2
1
2
2
3
2
X
Crop production
Drive -thru facilities, (not restaurants)
Educational institutions or schools, publidprivate (defined:
Fairgrounds
Family day care home (large) (defined: Sec. 21.04.147)
Family day care home (small) (defined: Sec. 21.04.148)
Sec. 21.04.140)
(Subject to Ch 21.83)
(Subject to Ch 21.83)
Floriculture
X
2
2
3
X
X
X
Golf Courses
Grazing of ruminant animals (See note 1 below)
Greenhouses >2000 square feet (Subject to Sec.
Greenhouses less than or equal to two thousand square feet,
Hay and feed store
Horses and other grazing animals (See note 2 below)
Maintaining mail address for commercial and business license
Mobile buildings (Subject to Sec. 21.42.140.8.090) (defined:
Mobile homes (See note 4 below)
One one-family dwelling unit per lot
Packingkorting sheds > 600 square feet (Subject to Sec.
21.42.140. B.070)
provided all requirements for yards, setbacks and height are
met
purposes only (See note 3 below)
Sec. 21.04.265
21.42.140.B.070)
~
2
1
X
X
1
X
X
2
X
X
1
I 5 below)
Plant nurseries & nursery supplies I 1
Produce stand
buildings/facilities (defined: Sec. 21.04.297)
Recreation facilities
Public/quasi-public buildings and facilities and accessory utility
Satellite television antennae (Subject to Sec. 21 53.130)
Second dwelling units (Subject to Sec. 21.10.030.) The
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1
2
2
X
X
development standards of this zone shall apply.
StabledRidina Academics (defined: Sec. 21 -04.31 0 and
Signs (Subject to Chapter 21.41) (defined: Sec. 21.04.305) X
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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18
19
20
21
22
23
24
25
26
27
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21.04.315)
21.04.378)
21.42.140.B.165) (defined: Sec. 21.04.379)
organizations such as 4-H
Sec. 21.04.400)
Veterinary clinic/animal hospital (small animals) (defined: Sec.
Wireless communications facilities (Subject to Sec.
Youth farm projects that are sponsored by nonprofit
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined:
1
1 /2
X
2
SECTION XI: That Chapter 21.10 (R-I One-Family Residential Zone) of the
USE P
Accessory buildings/structures (ex. garages, workshops,
Carlsbad Municipal Code, Section 21.10.020 (Permitted uses), is amended to read as follows:
“21.10.020 Permitted Uses.
CUP Acc x
A. In an R-I zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
B.
C.
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.. .. 21.04.020)
Agricultural crops
Animal keeping (household pets) (Subject to Sec.
Animal keeping (horses) (See note 1, below)
Animal keeping (wild animals) (Subject to Sec. 21 S3.085)
Aquaculture (defined: Sec. 21.04.036)
Biological habitat preserve (Subject to Sec.
2 1 .53.084)
tool sheds, patio covers, decks, etc.) (defined: Sec. I
X
X
X
X
2
2
21.4f140.B.030) (defined: Sec. 21.04.048)
Campsites (overnight) (Subject to Sec. 21.42.140.B.040) 2
Cemeteries
Churches, synagogues, temples, convents, monasteries,
3
2
and other places of worship
Dwelling, one-family (defined: Sec. 21.04.125) (See note 3, X
Sec. 21 -04.400) 1 1 1
below)
Sec. 21.04.140
(defined: Sec. 21.04.147)
(defined: Sec. 21.04.148)
Educational institutions or schools, public/private (defined:
Family day care home (large) (Subject to Chap. 21.83)
Family day care home (small) (Subject to Chap. 21.83)
Golf courses (See note 2, below)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet (Subject to Sec.
Home occupation (Subject to Sec. 21.10.040)
Mobile buildings (Subject to Sec. 21.42.140.8.090) (defined
Packingkorting sheds (600 square feet maximum)
Packingkorting sheds > 600 square feet (Subject to Sec.
Public/quasi-public buildings and facilities and accessory
Satellite TV antennae (Subject to Sec. 21.53.130 -
Second dwelling unit (Subject to Sec. 21.10.030) (defined:
Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305)
Temporary bldg./trailer (real estate or construction) (Subject
21.42.140.B.070)
Section 21.04.265)
21.42.140.B.070)
utility buildings/facilities (defined: Sec. 21.04.297)
21 53.1 50) (defined: Sec. 21.04.302)
Sec. 21.04.303)
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2
X
X
2
1
X
X
X 2
X
1
2
X
X
X
X
to Sec. 21-.53.090 and 21 53.1 10)
21.42.140.165) (defined: Sec. 21.04.379)
Wireless communications facilities (Subject to Sec.
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined:
1 /2
2
1
2
3
4
5
6
7
8
9
10
11
12
13
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15
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fenced and stabled so that at no time is it able to graze, stray or roam closer than fifty (50) feet to any building
used for human habitation, other than buildings on the lot or lots, and as to those buildings, no closer than forty
(40) feet. 2. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned
community development.
3. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974
(42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety
I - Note:
1. On each lot or combination of adiacent lots under one ownershiD. there mav be kept one (1) horse for each ten
Use P
Accessory buildings/structures (ex. garages, workshops, tool
Agricultural crops X
Animal keeping (household pets) (Subject to Sec. 21 53.084)
Animal keeping (wild animals) (Subject to Sec. 21 53.085)
Aquaculture (defined: Sec. 21.04.036)
Biological habitat preserve (Subject to Sec. 21.42.140.6.030)
Campsites (overnight) (Subject to Sec. 21.42.140.8.040)
sheds, patio covers, decks, etc.) (See notes 1 & 2, below)
(defined: Sec. 21.04.020)
(defined: Sec. 21.04.048)
Cemeteries
CUP Acc
X
X
X
2
2
2
3
SECTION XII: That Chapter 21.12 (R-2 Two-Family Residential Zone) of the
Churches, synagogues, temples, convents, monasteries, and
other places of worship
Carlsbad Municipal Code, Section 21.12.020 (Permitted uses) is amended to read as follows:
2
"21.12.020 Permitted Uses.
A. In the R-2 zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of the zone, and is substantially
similar to the specified permitted uses.
B.
C.
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7
8
9
10
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13
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21
22
23
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25
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Dwelling, one-family (defined: Sec. 21.04.1 25)
Dwelling, two-family (See note 3, below) (defined: Sec.
21.04.130)
Dwelling, multiple-family (See note 4, below) (defined: Sec.
21.04.135)
21.04.140)
Sec. 21.04.147)
Sec. 21.04.148)
Educational institutions or schools, public/private (defined: Sec.
Family day care home (large) (Subject to Chap. 21.83) (defined:
Family day care home (small) (Subject to Chap. 21.83) (defined:
Golf courses (see note 5, below)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet (Subject to Sec.
21.42.140.B.70)
Home occupation (Subject to Sec. 21.10.040)
Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined Sec.
X
X
X
2
X
X
2
1
X
X
2 -. 21.04.265)
Mobile home (See note 6, below) (defined: Sec. 21.04.266) X
-. 21.04.265)
Mobile home (See note 6, below) (defined: Sec. 21.04.266) X
Packingkorting sheds (600 square feet maximum)
Packing/sorting sheds > 600 square feet (Subject to Sec.
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X I Packingkorting sheds (600 square feet maximum)
Packing/sorting sheds > 600 square feet (Subject to Sec.
X
1
21.42.140.B.76)
Public/quasi-public buildings and facilities and accessory utility
buildings/facilities (defined: Sec. 21.04.297)
Satellite TV antennae (Subject to Sec. 21.53.130 - 21.53.150)
(defined: Sec. 21.04.302)
Second dwelling unit (accessory to a one-family dwelling only)
(Subject to Sec. 21.10.030) (defined: Sec. 21.04.303)
Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305)
Temporary bldgltrailer (real estate or construction) (Subject to
Sec. 21 53.090 and 21 53.1 10)
Wireless communications facilities (Subject to Sec.
2
X
X
X
X
1 /2
21.42.140.165) (defined: Sec. 21.04.379)
21.04.400
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: Sec. 2
1
2
3
4
5
6
7
8
9
10
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13
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21
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USE
sheds, patio covers, decks, etc.) (See notes 1 & 2, below)
jdefined: Sec. 21.04.020)
Accessory buildings/structures (ex. garages, workshops, tool
Agricultural crops
Animal keeping (household pets) (Subject to Sec. 21 53.084)
Animal keeping (wild animals) (Subject to Sec. 21.53.085)
Aquaculture (defined: Sec. 21.04.036)
Bed and breakfasts (Subject to Sec. 21.42.140.B.5) (defined:
SECTION XIII: That Chapter 21.16 (R-3 Multiple Family Residential Zone) of
the Carlsbad Municipal Code, Section 21.16.020 (Permitted uses) is amended to read as
follows:
P CUP Acc
X
X
X
X
2
1
"21.12.020 Permitted Uses.
Sec. 21.04.046)
Biological habitat preserve (Subject to Sec. 21.42.140.8.30)
A. In the R-3 zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permittez if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
B.
C.
2
(defined: Sec. 21.04.048)
Campsites (overnight) (Subject to Sec. 21.42.140.B.40)
Cemeteries
Child day care center (Subject to Chap. 21.83) (defined: Sec.
21.04.086)
Churches, synagogues, temples, convents, monasteries, and
other places of worship
Dwelling, one-family (See note 3, below) (defined: Sec.
2 1.04.125)
Dwelling, two-family (defined: Sec. 21.04.1 30)
Dwelling, multiple-family (Subject to Sec. 21 53.120 if more
than 4 units are proposed) (defined: Sec. 21.04.1 35)
2
3
X
2
X
X
X
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Educational institutions or schools, public/private (defined:
Sec. 21.04.140
Family day care home (large) (Subject to Chap. 21.83)
(defined: Sec. 21.04.147)
Family day care home (small), (Subject to Chap. 21.83)
(defined: Sec. 21.04.148)
Greenhouses (2,000 square feet maximum)
Greenhouses >2,000 square feet (Subject to Sec.
2
X
X
X
1
Housing for senior citizens (Subject to Chap. 21.84)
Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined
Mobile home (See notes 3 & 5, below) (defined: Sec. X
Packing/sorting sheds (600 square feet maximum)
Packingkorting sheds >600 square feet (Subject to Sec.
Professional care facilities (defined: Sec. 21.04.295)
Public/quasi-public buildings and facilities and accessory 2
Residential care facilities (serving more than six persons)
X
2
Sec. 21.04.265)
21.04.266)
X
1
2
21.42.140.B.70)
utility buildings/facilities (defined: Sec. 21.04.297)
2
(Subject to Sec. 21.42.140.B.125) (defined: Sec. 21.04.300)
Satellite TV antennae (Subject to Sec. 21.53.130 - X
21 53.1 50) (defined: Sec. 21.04.302)
Second dwelling unit (accessory to a one-family dwelling
only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303)
Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305)
Temporary bldgltrailer (real estate or construction) (Subject
X
X
X .. to Sec. 21-53.090 and 21 53.1 IO)
Timeshare projects (Subject to Sec. 21.42.140.B.155) 3
Sec. 21.04.400) Notes: I. Private garages (defined: Sec. 21.04.150) shall accommodate not more than two cars per dwelling unit.
2. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include guesthouses
or accessory living quarters (defined: Sec. 21.04.165).
3. One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single one-
family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is designated and
zoned for residential use. Any proposal to subdivide land or construct more than one dwelling shall be subject to the density provisions of the General Plan and intent of the underlying residential land use designation.
4. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned community development. 5. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974
(42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety
Code.
6. A parking IoUstructure (commercial) is permitted with approval of a CUP when the lot on which it is located in the
R-3 zone abuts upon a lot zoned for commercial or industrial purposes.”
(defined: Sec. 21.04.357)
Wireless communications facilities (Subject to Sec.
-31-
I I 112
21.42.140.165) (defined: Sec. 21.04.379)
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"ACC" indicates the use is permitted as an accessory
USE
Accessory buildings/structures, which are customarily
Agricultural farm worker housing (temporary) (Subject to
Aquaculture (defined: Sec. 21.04.036)
Bankslfinancial services (no drive-thru)
Glological habitat preserve (Subject to Sec.
21.42.01 0.6.030) (defined: Sec. 21.04.048)
Campsites (overnight) (Subject to Sec. 21.42.140.B.040)
Cemeteries
Child day care center (Subject to Chap. 21.83) (defined:
Sec. 21.04.086)
Churches, synagogues, temples, convents, monasteries,
and other places of worship
Clubs - non-profit, business, civic, professional, etc.
(defined: Sec. 21.04.090)
Educational institutions or schools, public/private (defined:
Sec. 21.04.140)
appurtenant to a permitted use (ex. incidental storage
facilities) (see note 1, below) (defined: Sec. 21.04.020)
Sec. 21.42.104.B.2)
SECTION XIV: That Chapter 21 .I8 (R-P Residential Professional Zone) of the
use.
P CUP Acc
X
3
2
2
2
3
X
X
2
2
2
Carlsbad Municipal Code, Section 21.18.020 (Permitted uses) is amended to read as follows:
"21.18.020 Permitted Uses.
I. a
A. In a R-P Residential zone, notwithstanding any other provision of this title, only
the uses listed in Tables A and B, below, shall be permitted, subject to the requirements and
development standards specified by this chapter, and subject to the provisions of Chapter 21.44
governing off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Tables A and B,
shall be subject to the provisions of Chapter 21.42.
Uses similar to those listed in Tables A and B may be permitted if the planning
director determines such similar use falls within the intent and purpose of this zone, and is
substantially similar to a specified permitted use.
A use category may be general in nature, where more than one particular use fits
into the general category (ex. in some commercial zones "offices" is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in any zone, the use shall not be permitted in this R-P zone (even under a general use
category), unless it is specifically listed in the zone as permitted or conditionally permitted.
B.
C.
D.
-32-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Delicatessen (defined: Sec 21.04.106)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet (Subject to Sec.
Golf courses (see note 2, below)
Medical uses (excluding hospitals), including offices for
Mobile buildings (Subject to Sec. 21.42.140.B.090)
Office uses, (may include incidental commercial uses such
Packinglsorting sheds (600 square feet maximum)
Packingkorting sheds > 600 square feet (Subject to Sec.
2 1.42.140. B. 070)
medical practitioners, clinics, and incidental laboratories
and pharmacies (prescription only)
(defined Sec. 21.04.265)
as blueprint services, photocopy services and news
stands)
1
1
2
X
X
2
X
X
1
21.42.B.070) ~
Parking facilities (primary use) (Le.: day use, short-term, 2
TABLE B
non-storage)
utility buildings/facilities (defined: Sec. 21.04.297)
Radio/television/microwave/broadcast station/tower
21 53.1 50) (defined: Sec. 21.04.302)
dance, drama, cosmetology, music, martial arts, etc.)
Publiclquasi-public buildings and facilities and accessory
Satellite N antennae (Subject to Sec. 21.53.130 -
Schools (business, vocational, and for such subjects as
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Temporary bldgltrailer (construction) (Subject to Sec.
Transit passenger terminals (bus & ~~ train) 1 Wireless communications facilities (Subject to Sec.
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined:
21 53.1 IO.)
21.42.140.165) (defined: Sec. 21.04.379)
Sec. 21.04.400)
1* I Uses Permitted When the R-P Zone Implements the
“RMH” or “RH” General Plan Land Use Designations
In the table, below, subject to all applicable permitting and development requirements of the
2
2
X
X
X
X
2
1 /2
2
USE
Accessory buildings/structures (ex. garages, workshops,
-33-
P CUP Acc
X
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
tool sheds, patio covers, decks, etc.) (see notes 1 and 2,
below) (defined: Sec. 21.04.020)
Ag ricu I t ural crops
Animal keeping (household pets) (Subject to Sec.
Animal keeping (wild animals) (Subject to Sec. 21 S3.085)
Aquaculture (defined: Sec. 21.04.036).
Bed and breakfasts (Subject to Sec. 21.42.140.8.25)
(defined: Sec. 21.04.046)
Biological habitat preserve (Subject to Sec. 21.42.140.8.30
(defined: Sec. 21.04.048)
Campsites (overnight) (Subject to Sec. 21.42.140.B.40)
Cemeteries
Child day care center (Subject to Chap. 21.83) (defined:
Sec. 21.04.086)
Churches, synagogues, temples, convents, monasteries,
and other places of worship
Clubs - non-profit; business, civic, professional, etc.
(defined: Sec. 21.04.090)
Dwelling, one-family (see note 3, below) (defined: Sec.
21.04.125)
Dwelling, two-family (see note 4, below) (defined: Sec.
21.53.084)
c
X
X
X
2
1
2
2
3
X
2
2
X
X -. .. 21.04.130)
Dwelling, multiple-family (Subject to Sec. 21 53.120 if more X
than 4 units are proposed) (defined: Sec. 21.04.135)
Sec. 21.04.140)
(defined: Sec. 21.04.147)
(defined: Sec. 21.04.148)
Educational institutions or schools, public/private (defined:
Family day care home (large) (Subject to Chap. 21.83)
Family day care home (small) (Subject to Chap. 21.83)
2
X
X
1 1 1 .- I 21.42.140.6.70)
Golf courses (see note 5, below)
Greenhouses (2,000 square feet maximum)
Greenhouses > 2,000 square feet (Subiect to Sec.
2
1
X
Home occupation (Subject to Sec. 21 .I 0.040)
Housing for senior citizens (Subject to Chap. 21.84)
Mobile buildings (Subject to Sec 21.42.140.B.90) (defined
X
X
2
I DersonsMSubiect to Sec. 21.42.140. B: 125) (defined: Sec. I 1 1
,. Sec. 21.04.265) .
21.04.266) Mobile home (see note 3 & 6, below) (defined: Sec.
Packingkorting sheds (600 square feet maximum)
Packing/sorting sheds > 600 square feet (Subject to Sec.
Parking facilities (primary use) (Le.: day use, short-term,
21.42.140.6.70)
-34-
X
X
1
2
non-storage)
Professional care facilities (defined: Sec. 21.04.295)
Public/quasi-public buildings and facilities and accessory
utility buildings/facilities (defined: Sec. 21.04.297)
Residential care facilities (serving more than six
2
2
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.04.300)
21 53.1 50) (defined: Sec. 21.04.302)
Second dwelling unit (accessory to a one-family dwelling
Satellite TV antennae (Subject to Sec. 21.53.130 -
only), (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303)
Signs (Subject to Chap. 21.41) (defined: Sec. 21.04.305)
Temporary bldg./trailer (real estate or construction), subject
to Sec. 21.53.090 and 21.53.1 10.
Timeshare projects (Subject to Sec. 21.42.140. 6. 155)
(defined: Sec. 21.04.357)
Transit passenger terminals (bus & train)
Wireless communications facilities (Subject to Sec.
X
X
X
X
2
2
112
21.42.140.8.165) (defined: Sec. 21.04.379)
Zoos (private) (Subject to Sec. 21.42.140.8.170) (defined:
Sec. 21.04.400) I 1 I 2
Note:
1. Private garages (defined: Sec. 21.04.150) shall accommodate not more than two cars per dwelling unit.
2. When associated with a two-family or multiple-family dwelling, accessory buildings shall not include
guesthouses or accessory living quarters (defined: Sec. 21.04.165). 3. One-family dwellings are permitted when developed as two or more detached units on one lot. Also, a single
one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004, and which is designated
and zoned for residential use. Any proposal to subdivide land or construct more than one dwelling shall be subject
to the density and intent of the underlying residential land use designation.
4. A two-family dwelling shall not be permitted within the RH land use designation.
5. A conditional use permit is not required for a golf course if it is approved as part of a master plan for a planned
community development.
6. Mobile homes must be certified under the National Mobilehome Construction and Safety Standards Act of 1974
(42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety
Code."
SECTION XV: That Chapter 21.20 (R-T Residential Tourist Zone) of the
Carlsbad Municipal Code, Sections 21.20.020 (Conditional uses), 21.20.025 (Housing for
senior citizens by site development plan), and 21.20.026 (Second dwelling units) are repealed
and Section 21.20.010 (Permitted uses) is amended to read as follows:
"21.20.010 Permitted uses.
A. In an R-T zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
B.
C.
I//
I//
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TABLE A
PERMllTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
"P" indicates the use is permitted.
"CUP" indicates that the use is permitted with approval of a conditional use
perm it.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
a "Acc" indicates the use is Dermitted as an accessorv use.
USE
Accessory Buildings (Subject to Sect. 21.20.080 of this
Chapter)
Accessory buildings and structures, including private
garages to accommodate not more than two cars per
dwelling unit
Aquaculture (defined: Sec. 21.04.036)
Aauariums
Athletic clubs, gymnasiums, and health clubs
Bait shop (accessory to rec. facility)
Bathhouses
Beds and breakfasts (Subject to Sec. 21.42.140.B.025)
(defined: Sec. 21,04.046)
Biological habitat preserve (Subject to Sec.
21.42140.B.030) (defined: Sec. 21.04.048)
Boarding house (defined: 21.04.055)
Boat launching/docking facility
Boat part shop (accessory to rec. facility)
Boat repair (accessory to rec. facility)
Boat rides
Campsites (overnight) (Subject to Sec. 21.42.140.B.040)
Cemeteries
Churches, synagogues, temples, convents monasteries, and . -- other places of worship
Clubs - non-profit; business, civic, professional, etc.
idefined: Sec. 21.04.090)
Commercial use (accessory to rec. facility)
Countrv Clubs
Detached accessory structures, which are not dwelling units
and contain no habitable space, including but not limited to
garages, workshops, tool sheds, decks over thirty inches
above grade, and freestanding patio covers (Subject to
Sect. 21.20.080 of this Chapter)
Dwellinas
Fraternal associations and lodges (except college
fraternities/sororities)
Fraternities and Sororities
Games of skill
Golf Courses
Greenhouses > 2,000 square feet (Subject to Sec.
-36-
P I CUP I Acc Ix
2
2
121 Ill
121
2
131 121 I 21
2
2
X
X
2 I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.42.140.B.070)
Habitable detached accessory structures (Subject to Sect. X
Notes:
1. Signs. (A,) Nameplates not exceeding two square feet in area containing the name of the occupant of the
premises, (B) One lighted sign not exceeding twenty square feet in area identifying permitted uses, provided such sign is stationary and non-flashing, is placed on the wall of the building, does not extend above or out from the
front wall, and contains no advertising matter except the name and street address of the building upon which it is
placed, (C) One unlighted sign not exceeding twelve square feet in area pertaining only to the sale, lease or hire of caly the particular building, property or premises upon which displayed, or to identify public parking lots as
permitted in this zone, (D) Location of the above signs shall not be closer to the front property line than midway
between the front property line and the front setback line, and under no conditions closer than seven and one-half
feet from the front property line; except that on key lots and lots which side upon commercially or industrially zoned property, the sign may be placed not closer than five feet to the property line."
SECTION XVI: That Chapter 21.22 (R-W Residential Waterway Zone) of the
Carlsbad Municipal Code, Section 21 22.020 (Permitted uses) is amended to read as follows:
"21.22.020 Permitted Uses.
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.42.140.B.070)
Golf courses (See note 5, below)
A. In an R-W zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
B.
C.
2
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code: I
“P indicates use is permitted
“CUP indicates use is permitted with approval of a conditional use permit.
Home occupation, (Subject to Sec. 21.10.040)
Housing for senior citizens, subject to Chap. 21.84
Mobile buildings (Subject to Section 21.42.140.B.90)
X
X
2 -
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(defined Section 21.04.265)
21.04.266)
21.42.140.B.70)
utility buildingslfacilities (defined: Sec. 21.04.297)
21 53.1 50 (defined: Sec. 21.04.302)
only), subject to Sec. 21.10.030 (defined: Sec. 21.04.303)
Temporary bldghailer (real estate or construction), subject
to Sec. 21.53.090 and 21 53.1 10
21.42.140.B. 160)
Sec. 21.04.400) Notes:
Mobile home (See notes 4 & 6, below) (defined: Sec.
Packinglsorting sheds > 600 square feet (Subject to Sec.
Publidquasi-public buildings and facilities and accessory
Satellite N antennae, subject to Sec. 21.53.130 -
Second dwelling unit (accessory to a one-family dwelling
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Windmills (exceeding height limit of zone) (Subject to
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined:
X
1
2
X
X
X
X
112
2
SECTION XVII: That Chapter 21.24 (RDM Residential Density-Multiple
Zone) of the Carlsbad Municipal Code, Section 21.24.020 (Permitted Uses) is amended
to read as follows:
“21.18.020 Permitted Uses.
4
A. In the RD-M zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
Uses similar to those listed in Table A may be permitted if the planning director
determines such similar use falls within the intent and purpose of this zone, and is substantially
similar to a specified permitted use.
B.
C.
Ill
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Child day care center (Subject to Chap. 21.83) (defined:
Churches, synagogues, temples, convents, monasteries,
Sec. 21.04.086)
TABLE A
PERMITTED USES
X
2
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code: ..
J
and other places-ofworship
Dwelling, one-family (See notes 2 and 3, below) (defined:
“P” indicates use is permitted
X -. .. Sec. 21,04.125)
Dwelling, multiple-family (Subject to Sec. 21.53.120 if more
than 4 units are proposed) (defined: Sec. 21.04.135)
Sec. 21.04.140)
(defined: Sec. 21.04.147)
(defined: Sec. 21.04.148)
2 1.42.140. B.070)
Dwelling, two-family (defined: Sec. 21.04.130)
Educational institutions or schools, public/private (defined:
Family day care home (large) (Subject to Chap. 21.83)
Family day care home (small) (Subject to Chap. 21.83)
Greenhouses > 2000 square feet (Subject to Sec.
Golf courses (See note 4, below)
Home occupation (Subject to Sec. 21.10.040)
Housing for senior citizens (Subject to Chap. 21.84)
Mobile buildings (Subject to Section 21.42.140.8.90)
Mobile home (See notes 2, 3 & 5, below) (defined: Sec.
(defined Section 21.04.265)
21.04.266)
X
X
2
X
X
1
2
2
2
X
X
-40-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
utility buildingslfacilities (defined: Sec. 21.04.297)
Residential care facilities (serving more than six persons)
Packing/sorting sheds >600 square feet (Subject to Sec. I
21.42.140.6.70)
Professional care facilities (defined: Sc
2
(Subject to Sec. 21.42.140.6.125) (defined: Sec. 21.04.300)
21.53.150) (defined: Sec. 21.04.302)
Satellite n/ antennae (Subject to Sec. 21.53.130 -
Second dwelling unit (accessory to a one-family dwelling
X
X
only) (Subject to Sec. 21.10.030) (defined: Sec. 21.04.303)
Temporary bldg./trailer (real estate or construction) (Subject
to Sec. 21 53.090 and 21 S3.110)
(defined: Sec. 21.04.357)
21.42.140.165) (defined: Sec. 21.04.379)
Sec. 21.04.400)
Signs, subject to Chap. 21.41 (defined: Sec. 21.04.305)
Timeshare projects (Subject to Sec. 21 42.140.B.155)
Wireless communications facilities (Subject to Sec.
Zoos (private)(Subject to Sec. 21.41.140.B.170) (defined:
SECTION XVIII: That Chapter 21.25 (C-F Community Facilities Zone) of the
X
X
3
1 I2
2
Carlsbad Municipal Code, Section 21.25.050 (Uses permitted by conditional use permit) is
repealed and Section 21.25.040 (Permitted uses) is amended to read as follows:
“21.25.040 Permitted uses.
.y
A. In a C-F zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
into the general category (ex: in some commercial zones ”office” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
B.
C.
D.
-41 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Cross, Traveler’s Aid)
Wireless communications facilities (Subject to Sec. I
permit in another zone, the use shall not be permitted in this C-F Community Facilities Zone
(even under a general use category) unless it is specifically listed in Table A of this Chapter as
permitted or conditionally permitted.
1 I2
TABLE A
USES PERMITTED
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
“P” indicates the use is permitted.
“CUP indicates that the use is permitted with approval of a conditional use
permit.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
with no permanent residential uses (e.g., Good Will, Red
,. 21.42.140.165) (defined: Sec. 21.04.379)
Girls Clubs, YMCA and YWCA, except lodgings)
Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys & 2
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
USE P
Accountants X
Agricultural farm worker housing (temporary) (Subject
to 21.42.140.6.02)
Airports
Alcoholic treatment centers
Notes:
1. If any office area is proposed with a use, the office area must be ancillary to the main use; it cannot be the
principal use.
2. Stand-alone child daycare facility is permitted subject to the approval of a site development plan pursuant to
Chapter 21.06. If a child daycare facility is developed in conjunction with another community facilities use, which
requires a conditional use permit, then the requirement for a site development plan for the child daycare use is
waived. 3. All uses shall be conducted wholly within a building except such uses as athletic fields, outdoor play areas, and
other uses customarily conducted in the open.”
CUP Acc
3
3
2
SECTION IXX: That Chapter 21.26 (C-1 Neighborhood Commercial Zone) of
Amusement parks
the Carlsbad Municipal Code, Section 21.26.01 5 (Uses and structures permitted by conditional
use permit) is repealed and Section 21.26.010 (Permitted uses) is amended to read as follows:
“21.26.010 Permitted Uses.
3
A. In a C-1 zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of the zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
into the general category (ex: in some commercial zones “office” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this C-1 Neighborhood Commercial
Zone (even under a general use category) unless it is specifically listed in Table A of this
Chapter as permitted or conditionally permitted.
B.
C.
D.
Aquaculture (defined: Sec. 21.04.036) 2
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Arcades - coin operated (Subject to Sec.
Athletic clubs, gymnasiums, health clubs, .and
Attorneys
Barbershops or beauty parlors
Biological habitat preserve (Subject to Sec.
Book or stationery stores
Bowling alley (Subject to Section 21.42.140.B.035)
Campsites (overnight) (Subject to Sec.
21.42.140.B.015) (defined: Sec. 21.04.091)
physical conditioning businesses
Bakeries
21.42.140.B.030) (defined: Sec. 21.04.048)
(defined: Sec. 21.04.057)
1
X
X
X
X
2
X
2
2
21.42.140.B.040)
Car wash (Subject to Section 21.42.140.B.045) 2
Cemeteries
Chapter 21.83 of this Title.
monasteries, and other places of worship
within a cemetery)
Child day care centers, subject to the provisions of
Churches, synagogues, temples, convents,
Columbariums, crematories, and mausoleums (not
Delicatessen (defined: Sec. 21.04.106)
Doctors, dentists, optometrists, chiropractors and
-44-
3
X
2
2
X
X
laboratories
Dressmaking or millinery shops
Drive-thru facility (not restaurants)
X
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Laundries or clothes cleaning agencies
Laundromats
Liquor store (Subject to Sec. 21.42.140.B.085)
(defined: Sec. 21.04.203)
Meat markets
Mobile buildings (Subject to Sec. 21.42.140.B.090)
(defined Section 21.04.265)
Mortuaries
Packinglsorting sheds >600 square feet (Subject to
Sec. 21.42.140.B.070)
Paint stores
Pawnshops (Subject to Sec. 21.42.140.B.105)
Pet supply shops
Pool halls, billiards parlors (Subject to Sec.
Private clubs, fraternities, sororities and lodges,
Public/quasi-public buildings and facilities and
21.42.104.B.110) (defined: Sec. 21.04.292)
excepting those the chief activity of which is a service
customarily carried on as a business
accessory utility buildings/facilities (defined: Sec.
21.04.297)
Racetracks
Radio/television/microwave/ broadcast statiodtower
Realtors
Recreation Facilities
Recycling collection facilities, large (Subject to
Chapter 21.105 of this Title) (defined: Sec.
2 1 . 1 05.0 1 5)
Recycling collection facilities, small (Subject to
Chapter 21 .lo5 of this Title.) (defined : Sec.
21.105.01 5)
Residential uses located above the ground floor of a
multi-story, commercial building (Subject to Section
21.42.140.B. 130)
Restaurants (bona fide public eating establishment)
(Defined: Sec.21.04.056)
Restaurants (excluding drive-thru restaurants), tea
rooms or cafes (excluding dancing or entertainment
and on-sale liquor)
Satellite television antennae (Subject to Sec.
X
X
2
X
2
2
1
X
X
2
2
X
2
2
2
2
2
X
1
2
X
X
X
Tailors, clothing or wearing apparel shops
Tattoo parlors (Subject to Sec. 21.42.140.B.140)
Theaters (motion picture or live) - indoor)
Theaters, stages, amphitheaters - outdoor
Thrift shops (Subject to Sec. 21.42.104.B.150)
Transit passenger terminals (bus & train)
Veterinary clinic/animal hospital (small animals)
-45-
X
2
2
2
2
2
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(defined: Sec. 21.04.378)
Windmills (exceeding height limit of zone) (Subject to
Sec. 21.42.140.B.160)
Wireless communications facilities (Subiect to Sec.
2
1 I2
21.42.140.165) (defined: Sec. 21.04.3j9)
Zoos (private) (Subject to Sec. 21.42.140.B.170)
(defined: Sec. 21.04.400) 2
Notes:
1.All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations, nurseries for sale of plants and flowers and other enterprises customarily conducted in
the open;
2. Products made incident to a permitted use shall be sold only at retail on the premises, and not more than five
persons may be employed in the manufacturing, processing and treatment of products permitted herein;
3. Storage shall be limited to accessory storage of commodities sold at retail on the premises.”
USE P
Accountants X
Administrative and executive off ices X
Advertising agencies X
SECTION XX: That Chapter 21.27 (0 Office Zone) of the Carlsbad Municipal
CUP Acc
Code, Section 21.27.030 (Uses and structures permitted by conditional use permit) is repealed
and Section 21.27.020 (Permitted uses) is amended to read as follows:
“21.27.020 Permitted Uses.
A. In an 0 zone, notwithstanding any other provision of this title, only the uses listed
in Table A, below, shall be permitted, subject to the requirements and development standards
specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street
parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
into the general category (ex: in some commercial zones “office” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this Office Zone (even under a general
use category) unless it is specifically listed in Table A of this Chapter as permitted or
conditionally permitted.
B.
C.
D.
TABLE A
PERMllTED USES
In the table, below, subject to all applicable permitting and development requirements of the
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.42.140.B.030) (defined: Sec. 21.04.048)
Cemeteries
Campsites (overnight) (Subject to Sec. 21.42.140.B.040)
Agricultural farm worker housing (temporary) (Subject to
2
3
Churches, synagogues, temples, convents, monasteries,
and other places of worship
Columbariums, crematories, and mausoleums (not within
a cemetery)
Commercial artists
Company and corporate headquarters
Delicatessen (defined: Sec. 21.04.106)
Dentists, doctors, chiropractors and incidental related uses
such as pharmacies (prescription only), biochemical, X-ray
laboratories, medical offices and clinics (excluding
hospitals)
____ Drive-thru facilities (not restaurants)
Educational facilities, other (defined: Sec. 21.04.137)
Educational institutions or schools, public/private (defined:
Electronic data processing and record keeping services
Fairgrounds
General contractor (offices only, no equipment or material
____ ~~~
Sec. 21.04.140)
2
2
X
X
X
1
2
1
2
X
X
3
storage)
Golf courses
commercial facilities such as blueprint and photocopy I I I I
2
shops and duplicating services
21.42.140.B.070).
Packingkorting sheds > 600 square feet (Subject to Sec.
Parking facilities (primary use) (Le.: day use, short-term,
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1
X
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
non-storage)
Photographers
Public/quasi-public buildings and facilities and accessory
utilitv buildinas/facilities (defined: Sec. 21.04.297)
X
2
Radio/television/microwave/ broadcast station/tower
Real estate and related services
Recreation facilities
Restaurants (bona fide public eating establishment)
(Subject to 21.42.140.6.) (Defined: Sec.21.04.056)
Satellite television antennae subject to the provisions of
Section 21 53.130 of this code
Signs subject to the provisions of this chapter and Chapter
2
2
2
X
X
X
21,41
Stadiums
Stockbrokers
.. Sec. ii .04.400j -
3
X
SECTION XXI: That Chapter 21.28 (C-2 General Commercial Zone) of the
Title and trust companies
Transit passenger terminals (bus & train)
Travel agencies
Veterinary cliniclanimal hospital (small animals) (defined:
Sec. 21.04.378)
Windmills (exceeding height limit of zone) (Subject to
21.42.140.B.160)
Wireless communications facilities (Subject to Sec.
21.42.140.165) (defined: Sec. 21.04.379)
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined:
Carlsbad Municipal Code, Section 21.28.01 5 (Uses and structures permitted by conditional use
X
X
2
1
2
1 /2
2”
permit) is repealed and Section 21.28.010 (Permitted Uses) is amended to read as follows:
“21.28.01 0 Permitted Uses.
A. In a C-2 zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
su”bject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
into the general category (ex: in some commercial zones “office” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this C-2 General Commercial Zone
(even under a general use category) unless it is specifically listed in Table A of this Chapter as
permitted or conditionally permitted.
B.
C.
D.
Ill
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UYt
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
"P" indicates use is permitted
"CUP indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
P 1 - 0 "Acc" indicates use is permitted as an accessory use. . .--
Any use permitted in the C-1 zone
Aquaculture (defined: Sec. 21.04.036)
Arcades - coin operated (Subiect to Section
X
-. -. . 21.42.140.B.02)
Airports
Alcoholic treatment centers
21.42.140.B.015) (defined: Sec. 21:04.091)
conditioning businesses
Bars, cocktail lounges (Subject to Sec 21.42.140.B.020)
(defined: Sec. 21.04.041)
Biological habitat preserve (Subject to Sec.
21.42.140.B.030) (defined: Sec. 21.04.048)
Bowling alley (Subject to Section 21.42.140.B.035)
Athletic clubs, gymnasiums, health clubs, and physical
Auto repairing
Blueprinting, photocopying and duplicating services
Amusement Darks 1
X
X
X
Churches, synagogues, temples, convents, monasteries,
and other places of worship
Columbariums, crematories, and mausoleums (not within
a cemetery)
Commercial printing and photoengraving
Delicatessen (defined: Sec. 21.04.106)
Educational facilities, other (defined: Sec. 21.04.137)
Drive-thru facilities (not restaurants)
Educational institutions or schools, public/private (defined:
Sec. 21.04.140)
Fairgrounds
Gas stations (Subject to Section 21.42.140.8.065).
Golf courses
Greenhouses > 2,000 square feet (Subject to Sec.
2 1.42.140.B.070)
Hospitals (defined: Sec 21.04.170)
Hospitals (mental) (defined: Sec. 21.04.175)
Hotels and motels (Subject to Sec. 21.42.140.B.080)
X
X
X
(defined: Sec.-21..04.057)
Campsites (overnight) (Subject to Sec. 21.42.140.B.040)
Car wash (Subject to Sec 21.42.140.B.045)
Cemeteries 1
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21
2
2
2
3
1
21
21
21
21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Liquor store (Subject to Sec. 21.42.140.B.085) (defined: I 2 .. Sec 21.04.203)
ldefined Section 21.04.265)
Mortuaries
21.42.140.B.070)
Mobile buildings (Subject to Section 21.42.140.B.090)
Packinglsorting sheds > 600 square feet (Subject to Sec.
Pawnshops (Subject to Sec 21.42.1 04.8.105)
Pet shops
Pool halls, billiard parlors (Subject to Section
21.42.140.B.1 IO) (defined: Sec. 21.04.292)
Public/quasi-public buildings and facilities and accessory
utility buildingsffacilities (defined: Sec. 21.04.297)
2
2
1
2
2
2
X
Racetracks
Radio/television/microwave/ broadcast statiodtower
Recreation facilities
Recycling collection facilities, small (Subject to Chapter
21.105 of this Title.) (defined: Sec. 21.105.01 5)
Recycling collection facilities, large (Subject to Chapter
21.105 of this Title) (defined: Sec. 21.105.015)
Residential uses located above the ground floor of a multi-
story, commercial building (subject to Section
21.42.1 40.8.130)
Retail, wholesale or service businesses catering directly to
the consumer
Satellite television antennae subject to the provisions of
2
2
2
1
2
2
X
X
Note:
1. All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical
transformer substations, horticultural nurseries and other enterprises customarily conducted in the open. 2. Products made incident to a permitted use and manufactured or processed on the premises shall be sold only
at retail on the premises, and not more than five persons may be employed in such manufacturing, processing
and treatment of products.
3. Storage shall be limited to accessory storage of commodities sold at retail on the premises."
Section 21.53.130 of this code.
Stadiums
Signs (Subject to the provisions of Chapter 21.41)
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X
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
USE
Accessory uses/structures, which are customarily
facilities) (see note 1, below) (defined: Section 21.04.020)
Agricultural farm worker housing (temporary) (Subject to
Section 21.42.140.B.002)
AirDorts
appurtenant to a permitted use (e.g., incidental storage
SECTION XXII: That Chapter 21.29 (C-T Commercial - Tourist Zone) of the
P CUP Acc
X
3
3
Carlsbad Municipal Code, Section 21.29.030 (Permitted uses) is amended to read as follows:
(defined: Section 21.04.041)
Bed & Breakfasts (Subject to Sec. 21.42.140.025) (defined:
Section 21.04.046)
Biological habitat preserve (Subject to Sect.
21.42.140.B.030) (defined: Section 21.04.048)
Boat launching/docking facilities
Botanical gardens
L
1
2
2
X
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
sq. ft.)
HoteMmotels
A
X
Mobile buildings (temporary) (Subject to Section
21.42.140.8.090) (defined: Section 21.04.265)
Nightclubs, dance clubs, and other establishments that play
Newdmagazine stands (see note 1, below)
live or recorded music or make regular use of amplified
sound.
2
X
12)
Recreation facilities
Recycling collection facilities (small) (Subject to Chapter
Radio/television/microwave/broadcast statiodtower 1 121
2
1
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
21.105 of this Title) (defined: Section 21.05.015)
Recycling collection facilities (large) (Subject to Chapter
21.105 of this Title) (defined: Section 2145.015)
Restaurants, cafes, coffee shops, including take-out only (no
drive-thru)
Restaurants (located adjacent to residentially developed or
designated property, no drive-thru)
Retail (specialty - catering to tourists) (e.g., antique stores,
bookstores, souvenir/gift/noveIty shops, specialty apparel X
shops)
Satellite TV antennas, subject to Sec. 21.53.130 -
21 53.150 (see note 1, below) (defined: Section 21.04.302)
Services (personal), limited to drycleaners, laundromats,
day spas)
Signs, subject to Chapter 21.41 (see note 1, below)
(defined: Section 21.04.305)
Stadiums
and personal grooming (e.g., barbershops, beauty salons, X
Sporting equipment/apparel sales/rental X
Theaters (motion picture or live) - indoor
Theaters, stages, amphitheaters - outdoor
Timeshare projects (Subject to Sect. 21.42.140.B.155)
2
2
3
2
2
9 (defined: Section 21.04.357)
Tourist information centers
X
3
X
X
Transit passenger terminals (bus & train)
Travel agencies
Vacation rental office
Video rental/sales
Windmills (exceeding height limit) (Subject to Sect.
21.42.140.B.160)
Wireless communications facilities (Subject to Sect.
21.42.140.8.165)
Zoos (private) (Subject to Sect. 21.42.140.B.170)
2
X
X
X
2
1 /2
2
Industrial Zone) of the Carlsbad Municipal Code, Section 21.30.01 1 (Uses and structures
permitted by conditional use permit) is repealed and Section 21.30.010, (Permitted uses) is
amended to read as follows:
"21.30.010 Permitted Uses.
A. In a C-M zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
into the general category (ex: in some commercial zones "office" is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this C-M Heavy Commercial-Limited
Industrial Zone (even under a general use category) unless it is specifically listed in Table A of
this Chapter as permitted or conditionally permitted.
B.
C.
D.
TABLE A
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
0
0
"P" indicates use is permitted
"CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
fined: Sec. 21.04.048
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Building material storage yards
Cabinet shops
Campsites (overnight) (Subject to Sec. 21.42.140.B.040)
Carpet cleaning plants
Ceramic products, manufacture of, including figurines,
Cemeteries
using only previously pulverized clay and kilns fired only
X
X
X---
X
2
3
by electricity or low pressure gas
Child day care center (Subject to Chap. 21.83) (defined: 2
Sec. 21.04.086)
and other places of worship
Churches, synagogues, temples, convents, monasteries,
Cleaning and dyeing plants
Columbariums, crematories, and mausoleums (not within
2
X
2
-55-
a cemetery)
Delicatessen (defined: Sec. 21.04.106) X
Drive-thru facilities (not restaurants)
Dwelling on the same lot on which a factory is located
when such dwelling is used exclusively by a caretaker or
superintendent of such factory and his family. When such
dwelling is established, all required yards in the R-3 zone
shall be maintained
Sec. 21.04.140)
Educational institutions or schools, public/private (defined:
Fairgrounds
Feed and fuel yards
Frozen food lockers
Gas stations, subject to Section 21.42.140.8.065
Glass studios, staining, edging, beveling and silvering in
connection with sale of mirrors and glass for decorating
purposes
Golf courses
Greenhouses > 2,000 square feet (Subject to Sec.
21.42.140.B.070
Hazardous waste facility (subject to Sec. 21.42.140.
B.075) defined: Sec. 21.04.167)
Hospital, industrial emergency (not full hospital or mental
hospital)
Kennels
Laboratories, experimental, motion picture, testing
Laundries
Lumber yards (no planing mills and burners);
Machine shops
2
X
2
3
X
X
X
2
2
1
3
X
2
X
X
X
X
Mini-warehouses/ self storage
Mobile buildings (Subject to Section 21.42.140.B.090)
(defined Section 21.04.265)
Mortuaries
Musical instruments, manufacture of
Newspaper/periodical printing & publishing
Oil and Gas facilities (on-shore) (Subject to
Sec.2 1.42.140. B.095)
2
2
2
2
3
X
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Packing/sorting sheds > 600 square feet (Subject to Sec.
Parcel service delivery X
Parking facilities (primary use) (Le.: day use, short-term,
2 1.42.1 40. B. 070).
1
1
non-storaael I I I
Pawnshops (Subject to Sec 21.42.104.B.105)
Plumbing shops and plumbing shop supply yards
Pool halls, billiard parlors (Subject to Sec
X
2
2
21.42.140.6.1 IO) (defined: 'Sec. 21.04.292)
Public scales
Public/quasi-public buildings and facilities and accessory
utility buildings/facilities (defined: Sec. 21.04.297)
Racetracks
Radio/television/microwave/ broadcast statiodtower
Recreation facilities
Recreational vehicle storage (Subject to Sec.
21.42.140.B.120) (defined: Sec. 21.04.299)
Recycling collection facilities, large (Subject to Chapter
21.105) (defined: Sec. 21.105.01 5)
Recycling collection facilities, small (Subject to Chapter
21.105) (defined: Sec. 21.105.015)
Recycling process/cansfer facility
Restaurants (bona fide public eating establishment)
X
2
2
2
2
1
1
1
2
2
21.42.140.B.160
IDefined: Sec.21.04.056)
Satellite antennae (4 per use) (defined: Sec 21.04.302)
Satellite television antennae subject to the provisions of
1 x
Sec. 21.04.400)
21.42.140.165) (defined: Sec. 21.04.379)
Zoos (private) (Subject to Sec. 21.42.140.6.1 70) (defined:
Notes:
1. Any use permitted in the Commercial zones is allowed in the C-M zone, except: (A) Hotels, motels and auto
2
courts, (B) Hospitals (however, industrial emergency hospitals are permitted), (C) Residential care facilities, (D) Professional care facilities, (E) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business, (F) Institutions of a philanthropic or eleemosynary nature,
including correctional and mental."
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21
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USE
Agricultural farm worker housing (temporary) (Subject to
21.42.140.B.02)
Airports
Alcoholic treatment centers
Any industrial use not specifically permitted herein must be
SECTION XXIV: That Chapter 21.32 (M Industrial Zone) of the Carlsbad
Municipal Code, Section 21.32.010 (Permitted uses) is amended to read as follows:
P CUP Acc
3
3
2
“21.30.010 Permitted Uses.
around the city
Aquaculture (defined: Sec. 21.04.036)
A. In an M zone, notwithstanding any other provision of this title, only the uses listed
in Table A, below, shall be permitted, subject to the requirements and development standards
specified by this chapter, and subject to the provisions of Chapter 21.44 governing off-street
parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of the zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
into the general category (ex: in some commercial zones “offices” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this M Industrial Zone (even under a
general use category) unless it is specifically listed in Table A of this Chapter as permitted or
conditionally permitted.
B.
C.
D.
2
TABLE A
Auto wrecking yards (defined 21.04.040)
PERMllTED USES
In the table, below, subject to all applicable permitting and development requirements of the
2
Automobile painting. All painting, sanding and baking shall
Biological habitat preserve (Subject to Sec.
be conducted wholly within a building
Bakeries
reviewed as provided in Chapter 21.42 for a conditional
use permit in order to locate industry in its proper and
available location in the region and prevent conflict with
the high degree of residential development existing in and
X
X
‘2
X
Auto storage/impound yards (1.e.: overnight product I Ill
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Garment manufacturers
Gas stations (Subject to Sec. 21.42.140.B.65)
Go If courses
Greenhouses > 2,000 square feet (Subject to Sec.
21.42.140.6.070)
Hazardous waste facility (Subject to Sec. 21.42.140. B.75)
X
2
2
1
3
(defined: Sec. 21.04.167)-
Hospitals (defined: Sec 21.04.170)
Hospitals (mental) (defined: Sec. 21.04.175)
2
2
I Packina/sortina sheds > 600 sauare feet (Subiect to Sec. I Ill I
Newspaper/periodical printing & publishing
Oil and Gas facilities (on-shore) (Subject to
Sec.21.42.140.B.95)
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3
1
2
3
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5
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8
9
10
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16
17
18
19
20
21
22
23
24
25
26
27
28
Notes:
1. Any use permitted in the C-M zone, except child day care centers, except that a dwelling conforming to the
yard requirements of the R-3 zone shall be permitted on the same lot on which a factory is located, and which
dwelling is used exclusively by a caretaker or superintendent of such factory and his family 2. Any use that is found to be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors or other undesirable characteristics may be prohibited."
SECTION XXV: That Chapter 21.33 (0-S Open Space Zone) of the Carlsbad
Municipal Code, Sections 21.33.030 (Permitted accessory uses and structures) and 21.33.040
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21
22
23
24
25
26
27
28
0 "Acc" indicates use is permitted as an accessory
USE
Agricultural farm worker housing (temporary) (Subject to
Aquaculture (defined: Sec. 21.04.036)
Aquaculture stands (displaykale) (Subject to Sec.
21.42.140.B.010)
Athletic fields
Rarbecue and fire pits
Beaches and shoreline recreation, public
Bicycle paths
Biological habitat preserve (Subject to Sec.
Campsites (overnight) (Subject to Sec. 21.42.140.B.040)
Changing rooms
City picnic areas
City playgrounds
Clubhouses
Columbariums, crematories, and mausoleums (not within a
cemetery)
Sec. 21.42.140.8.02)
21.42.140.B.030) (defined: Sec. 21.04.048)
Cemeteries
(Uses and structures permitted by conditional use permit) are repealed, and Section 21.33.020,
use.
P CUP Acc
3
2
2
2
X
X
X
2
2
3
X
X x
X
2
(Permitted uses and structures) is amended to read as follows:
"21.33.020 Permitted Uses.
A. In a 0-S zone, notwithstanding any other provision of this title, only the use:
listed in Table A, below, shall be permitted, subject to the requirements and developmen
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall bf
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Direct0
determines such similar use falls within the intent and purposes of the zone, and is substantiall)
similar to the specified permitted uses.
' A use category may be general in nature, where more than one particular
use fits into the general category (ex: in some commercial zones "office" is a general use
category that applies to various office uses). However, if a particular use is permitted by
conditional use permit in another zone, the use shall not be permitted in this 0-S Open
Space Zone (even under a general use category) unless it is specifically listed in Table A
of this Chapter as permitted or conditionally permitted.
B.
C.
D.
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Cultural activities & facilities
Educational institutions or schools, public/private (defined:
Sec. 21.04.140)
Entertainment activities & facilities
Fairgrounds
Fallow lands. (Ord. 9461 Q I (part), 1976; Ord. 9385 Q 2
(part), 1974)
Fencina
Field and seed crops
Golf courses
Greenhouses > 2,000 square feet (Subject to Sec.
21.42.140.B.070)
Horse trails
Horticultural crops
Marinas
Mobile buildings (Subject to Sec. 21.42.140.B.090) (defined ~. Sec. 21.04.265) .
Open space easements
Orchards and vineyards
Other similar accessory uses and structures required for the
conduct of the permitted uses (Ord. 9385 Q 2 (part), 1974)
Packing/sorting sheds > 600 square feet (Subject to Sec.
21.42.140.B.070).
Park. Dublic (Subiect to Sec. 21.42.140.B. 100)
Parking areas
Parks, public
Pasture and rangeland
Patios
Picnic areas (private)
Playground equipment
PI ayg rounds/pla yf ields
Pool filterina eauiDrnent
Public access easement, nonvehicular
Public lands
Public restrooms
Public/quasi-public buildings and facilities and accessory
utilitv buildinas/facilities (defined: Sec. 21.04.297)
Radio/teIevision/microwave/ broadcast station/tower
Recreation facilities
Recycling collection facilities, large (Subject to Chapter
21.105 of this Title) (defined: Sec. 21.105.015)
Recycling collection facilities, small (Subject to Chapter
21.105 of this Title.) (defined: Sec. 21.105.01 5)
Scenic easements
Slope easements
StablesIRiding Academies (defined: Sec. 21.04.31 0 and - 21.04.31 5)
Stadiums
Stairways,
Swimming pools
Tennis courts
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2
3
X
X
X
2
1
X
I lI I 2 I
X
X
2
X
I I/
XI I
I 3 I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Theaters, stages, amphitheaters - outdoor
Transportation rights-of-way
Tree farms
Truck crops
Vista points
Windmills (exceeding height limit of zone) (Subject to
Wireless communications facilities (Subject to Sec.
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined:
21.42.1 40.B. 160)
21.42.140.165) (defined: Sec. 21.04.379)
2
X
X
X
X
2
1 I2
2” .. I Sec. 21.04.400)
USE P
Accessory uses and structures where related and
Accountants (See note 1 below)
incidental to a permitted use
X
SECTION XXVl: That Chapter 21.34 (P-M Planned Industrial Zone) of the
CUP Acc
X
Carlsbad Municipal Code, Sections 21.34.030 (Conditional uses) and 21.34.040 (Residential
uses permitted by conditional use permit) are repealed, and Section 21 3.020 (Permitted
uses) is amended to read as follows:
“21.34.020 Permitted Uses.
A. In a P-M zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of the zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
into the general category (ex: in some commercial zones “offices” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this P-M zone (even under a general
use category) unless it is specifically listed in Table A of this Chapter as permitted or
conditionally permitted.
B.
C.
D.
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22
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Administrative offices associated with and accessory to a
Administrative offices (See note 1 below) ,
Advertising agencies (See note 1 below)
Advertising-direct mail (See note 1 below)
Agricultural consultants (See note 1 below)
Agricultural farm worker housing (temporary) (Subject to
Air courier service (See note 1 below)
Airlines offices, general offices (See note 1 below)
permitted use
Sec. 21.42.140.B.02)
X
X
X
X -- x
3
X
X
Churches, synagogues, temples, convents, monasteries,
Civil engineers (See note 1 below)
Collection agencies (See note 1 below)
Columbariums, crematories, and mausoleums (not within
and other places of worship
2
X
X
2
-63-
a cemetery)
Commercial artists (See note 1 below)
Commodity brokers (See note 1 below)
Communications consultants (See note 1 below)
X
X
X
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Data processing service (See note 1 below)
Data systems consultants (See note 1 below)
Delicatessen (defined: Sec. 21.04.106)
X
X
I Data communication service (See note 1 below) Ix 1 I I
1
Geophysicists (See note 1 below)
Golf courses
Government contract consultants (See note 1 below)
Government facilities and offices
Governmental agencies (general and administrative
offices only) (See note 1 below)
Graphics designers (See note 1 below)
X
X
X
X
X
2
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8
9
10
11
12
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18
19
20
21
22
23
24
25
26
27
28
Greenhouses > 2,000 square feet (Subject to Sec.
Hazardous waste facility (Subject to Sec. 21.42.140. 8.75)
Hospitals (defined: Sec 21.04.170)
Hospitals (mental) (defined: Sec. 21.04.175)
Hotels and motels (Subject to Sec. 21.42.140.B.80)
Human factors research and development (See note 1
Human services organization (administrative offices only)
Importers (See note 1 below)
Incorporating agency (See note 1 below)
Industrial medical (workers comp.) (See note 1 below)
Information bureaus (See note 1 below)
Insurance companies (administrative offices only) (See
Interior decorators and designers (no merchandise storage
Investigators (See note 1 below)
Investment advisory (See note 1 below)
Investment Securities
Kennels
21.42.140.B.70)
(defined: Sec. 21.04.167)
below)
(See note 1 below)
note 1 below)
permitted) (See note 1 below)
1
3
2
2
2
X
X
X
X
X
X
X
X
X
X
X
2
non-storage)
Patent searchers (See note 1 below)
Pension and profit sharing plans (See note 1 below)
Personal service bureau (See note 1 below)
Photographic (industrial and commercial only) (See note 1 I X
X
X
X
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Printing services (See note 1 below)
Product development and marketing (See.note 1 below)
Public relations services (See note 1 below)
Public utility companies (See note 1 below)
PubWquasi-public buildings and facilities and accessory
below) I I I I
X
X
X
X
2
utility buildingsffacilities (defined: Sec. 21.04.297)
Publicity services (See note 1 below)
Publishers representatives (See note 1 below)
X
X
Racetracks
Radio/television/microwave/ broadcast stationltower
note 1 below)
Radio communications (See note 1 below)
Real estate brokers (commercial and industrial only) (See
Real estate developers (See note 1 below)
Recording service (See note 1 below)
Recreational vehicle storage (Subject to Sec.
Recycling collection facilities, small (Subject to Chapter
Recycling collection facilities, large (Subject to Chapter
Recycling process/transfer facility
Relocation service (See note 1 below)
Repossessing service (See note 1 below)
Research and testing facilities
Research labs (See note 1 below)
Residential uses in P-M Zone (Subject to Sec.
21.42.140.8.135)
Restaurants (bona fide public eating establishment -
defined: Sec.21.04.056)
Retail uses
Retirement planning consultants (See note 1 below)
Safety consultants (See note 1 below)
Sales training and counseling (See note 1 below)
Satellite antennae (>1 per use) (defined: Sec 21.04.302)
Satellite television antennae (Subject to Sec. 21 253.1 30)
Searchers of records (See note 1 below)
Securities systems (See note 1 below)
Security firms (See note 1 below)
Signs (Subject to Chapter 21.41)
Sound system consultants (See note 1 below)
Space planning consultants (See note 1 below)
Space research and developments (See note 1 below)
Stadiums
Stock and bond brokers (See note 1 below)
Storage, wholesale and distribution facilities
Surveyors (See note 1 below)
Tax service and consultants (no consumer oriented uses)
Recreation facilities
21.42.140.B.120) (defined: Sec. 21.04.299)
21.105 of this Title.) (defined: Sec. 21.105.01 5)
21.105 of this Title) (defined: Sec. 21.105.01 5)
fSee note 1 below)
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2
2
X
X
X
X
2
1
1
2
2
X
X
X
X
3
2
2
X
X
X
x
X
X
X
X
X
X
X
X
X
X
X
1
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Sec. 21.04.378)
21.42.140.B. 160)
Windmills (exceeding height limit of zone) (Subject to
Wireless communications facilities (Subject to Sec.
2
1 /2
21.42.140.165) (defined: Sec. 21.04.379)
Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined: I Sec. 21.04.4001 I I I 2
Notes:
1. Business and professional offices which are not retail in nature, do not cater to the general public, and do not generate walk-in or drive-in traffic, and are incidental to the industrial uses in the vicinity.”
SECTION XXVl: That Chapter 21.36 (P-U Public Utility Zone) of the Carlsbad
Municipal Code, Section 21.36.1 10 (Uses and structures permitted by conditional use permit) is
repealed and Section 21.36.020 (Permitted uses) is amended to read as follows:
“21.36.020 Permitted Uses.
A. In a P-U zone, notwithstanding any other provision of this title, only the use:
listed in Table A, below, shall be permitted, subject to the requirements and developmen
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governins
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21 -42.
A use similar to those listed in Table A may be permitted if the Planning Directo
determines such similar use falls within the intent and purposes of the zone, and is substantiall]
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fit:
into the general category (ex: in some commercial zones “office” is a general use category tha
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this P-U Zone (even under a genera
use category) unless it is specifically listed in Table A of this Chapter as permitted o
conditionally permitted.
B.
C.
D.
//I
ill
ill
I//
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.- USE
TABLE A
P CUP I Acc
PERMllTED USES I In the table, below, subject to all applicable permitting and development requirements of the
Any other use which the planning commission or city
council may determine to be similar to the permitted uses
in the zone and to fall within the intent and purposes of the
zone (See Note 1)
Aquaculture (defined: Sec. 21.04.036)
Aquaculture stands (display/sale) (Subject to Sec.
21.42.140.B. IO)
Biological habitat preserve (Subject to Sec.
Municipal Code:
0
0
.- 'PI' indicates use is permitted
"CUP" indicates use is permitted with approval of a conditional use permit.
1 = Administrative hearing process
2 = Planning Commission hearing process
3 = City Council hearing process
X
2
2
2
21.42.140.B.30) (defined: Sec. 21.041048)
Campsites (overnight) (Subject to Sec. 21.42.140.B.40)
Agricultural farm worker housing (temporary) (Subject to
Sec. 21.42.140.B.02)
Agriculture: Only the following agricultural uses, and
buildings accessory to such agricultural uses, are
permitted in the P-U zone: (a) Field and seed crops, (b)
Truck crops, (c) Horticultural crops, (d) Orchards and
vineyards, (e) Pasture and rangeland, (9 Tree farms, (9)
Fallow lands, (h) Greenhouses;
AirDorts
2
Alcoholic treatment centers I I 2 I
Cemeteries
Columbariums, crematories, and mausoleums (not within
3
2
Hospitals (defined: Sec 21.04.170)
Hospitals (mental) (defined: Sec. 21.04.175)
Mobile buildings (Subject to Section 21.42.140.B.090)
Packingkorting sheds > 600 square feet (Subject to Sec.
(defined Section 21.04.265)
2
2
2
1
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22
23
24
25
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21.42.140.8.70).
Petroleum products pipeline booster stations
Processing, using and storage of: (a) .Natural gas, (b)
Liquid natural gas, (c) Domestic and agricultural water
supplies;
Public utility district maintenance, storage and operating
facilities
X
X
X
Recreation facilities
Recreational facilities (public or private, passive or active);
Recycling collection facilities, large (Subject to Chapter
2
X
- 2
21.105 of this Title) (defined: Sec. 21.105.01 5)
Recycling collection facilities, small (Subject to Chapter
rmitted any use which creates noxious gas or odor, excessive sound vibration or
1
SECTION XXVlI: That Chapter 21.37 (RMHP Residential Mobile Home Park
Zone) of the Carlsbad Municipal Code, Section 21.37.020 (Permitted uses) is amended to read
as follows:
“21.37.020 Permitted Uses.
.* A. In an RMHP zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of the zone, and is substantially
similar to the specified permitted uses.
6.
C.
Ill
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9
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13
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17
18
19
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21
22
23
24
25
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28
USE P
Aquaculture (defined: Sec. 21.04.036)
21.53.084)
21.53.085)
Biological habitat preserve (Subject to Sec.
Animal keeping (household pets) (Subject to Section
Animal keeping (wild animals) (Subject to Section
21.42.140.8.30) (defined: Sec. 21.04.048)
Buildings incidental to a mobile home park (ex.
TABLE A
CUP Acc
2
X
X
2
PERMITTED USES
In the table, below, subject to all applicable permitting and development requirements of the
recreational buildings, laundry facilities, etc.)
Campsites (overnight) (Subject to Sec. 21.42.140.B.40)
X
2
Cemeteries
Churches, synagogues, temples, convents, monasteries,
and other places of worship
Educational institutions or schools, public/private (defined:
Sec. 21.04.140)
Family day care home (large) (Subject to Chapter 21.83
(defined: Section 21.04.147)
Family day care home (small) (Subject to Chapter 21.83
(defined: Section 21.04.148)
Golf courses
Greenhouses > 2,000 square feet (Subject to Sec.
3
2
2
X
X
2
1
21.42.140.B.70)
Home occupation (Subject to Section 21.10.040)
Mobile buildings (Subject to Sec. 21.42.140.B.90) (defined
X
2 .. Section 21.04.265)
Mobile home accessory structures (defined: Section
21.04.267)
Mobile home parks (See note 2, below)
Packing/sorting sheds > 600 square feet (Subject to Sec.
X
X
1
-70-
21.42.140.B.70).
utility buildings/facilities (defined: Sec. 21.04.297)
Satellite TV antennae (Subiect to Sections 21.53.130--
PubWquasi-public buildings and facilities and accessory 2
21 53.150) (defined: Section 21.04.302)
Signs, subject to Chapter 21.41 (defined: Section
Temporary building/trailer (real estate or construction)
21.04.305)
(Subject to Sections 21 53.090 and 21 53.1 10)
Wireless communications facilities (Subject to Sec.
21.42.140.165) (defined: Sec. 21.04.379)
X
X
X
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Zoos (private) (Subject to Sec. 21.42.140.B.170) (defined:
Sec. 21.04.400)
2
Carlsbad Municipal Code, Section 21.39.020 (Permitted uses) is amended to read as follows:
USE
Animals and poultry - small (less than 25) (See note 2)
Cattle, sheep, goats, and swine production (See note 3)
Crop production
Family day care home (large and small) (Subject to Ch
21.83 of this Title)
Floriculture
Greenhouses. less than 2.000 sauare feet)
"21.39.020 Permitted Uses.
P CUP Acc
X
X
X
X
X
X
A. In an L-C zone, notwithstanding any other provision of this title, only the use:
listed in Table A, below, shall be permitted subject to the requirements and developmen
standards specified in this chapter, and subject to the provisions of Chapter 21.44 governing off.
street parking requirements.
A use similar to those listed in Table A may be permitted if the Planning Directoi
determines such similar use falls within the intent and purposes of this zone, and is substantial11
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fit:
into the general category (ex: in some commercial zones "office" is a general use category tha
applies to various office uses). However, if a particular use is permitted by conditional USE
permit in another zone, the use shall not be permitted in this Limited Control Zone (even under i
general use category) unless it is specifically listed in Table A of this Chapter as permitted.
B.
C.
Horses, private use
Nursery crop production
X
X
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Other uses or enterprises similar to the above customarily
Produce stand for display and sale of products produced
carried on in the field of agriculture
on the same premises (See note 4)
Tree farms
Truck farms
X
X
X
X I Notes: 1. Farm worker housina: Provided the number of units shall not exceed two Der aross acre of land area and no I I” such housing is locatedcloser than fifty feet from any lot line.
2. Small animals and poultry: Provided that not more than twenty-five of any one or combination thereof shall be
kept within fifty feet of any habitable structure, nor shall they be located within three hundred feet of a habitable
structure on an adjoining parcel zoned for residential uses, nor shall they be located within one hundred feet of a
parcel zoned for residential uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential uses shall be the greater of the distances so indicated. 3. Cattle, small animals, etc: Provided that the number of any one or combination of said animals shall not
exceed one animal per half acres of lot area. Said animals shall not be located within fifty feet of any habitable
structure, nor shall they be located within three hundred feet of a habitable structure on an adjoining parcel
zoned for residential uses, nor shall they be located within one hundred feet of a parcel zoned for residential
uses when a habitable structure is not involved. In any event, the distance from the parcel zoned for residential
uses shall be the greater of the distances so indicated.
4. Produce stands: Provided that the floor area shall not exceed two hundred square feet and is located not
nearer than twenty feet to any street or highway.
5. Accessory uses/ structures: Include but are not limited to: private garages, children’s playhouses, radio and
television receiving antennas, windmills, silos, tank houses, shops, barns, offices, coops, lath houses, stables,
pens, corrals, and other similar accessory uses and structures required for the conduct of the permitted uses.
6. Mobile home: Certified under the National Mobile home construction and Safety Standards Act of 1974 (42
U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the State Health and Safety
Code.”
SECTION XXIX: That Chapter 21.31 (C-L Local Shopping Center Zone) of the
Carlsbad Municipal Code, Section 21.31.30 (Permitted Uses) is amended to read as follows:
“21.31.030 Permitted uses.
A.
B.
C.
In the C-L zone only the uses listed in Table A, below, shall be permitted, subject
to the requirements and development standards specified by this chapter.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapters 21.42 and 21 SO.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of this zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
inb the general category (ex: in some commercial zones “offices” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this C-L zone (even under a general
use category) unless it is specifically listed in Table A of this Chapter as permitted or
conditionally permitted.
D.
TABLE A
USES PERMllTED IN THE C-L Zone
In the table, below, subject to all applicable permitting and development requirements of the
Municipal Code:
“P indicates the use is permitted.
permit.
“CUP” indicates that the use is permitted with approval of a conditional use
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0 "Acc" indicates the use is permitted as an
USE
appurtenant to a permitted use (ex: incidental storage
facilities (See note 1, below) (defined: Sec. 21.04.020)
(private or non-private)
21.42.1 04. B. 145)
Alcoholic treatment center
herein (CF- Community Facilities Zone)
21.42.140.B.015) (defined: Sec. 21.04.091)
Accessory buildings/structures, which are customarily
Adult and/or senior daycare and/or recreation facility
Agricultural farm worker housing (temporary) (Subject to
All uses permitted in Chapter 21.25 not otherwise listed
Arcades - coin operated (Subject to Section
Athletic clubs, gymnasiums, and health clubs
Bars, cocktail lounges (Subject to Section 21.42.140.B.020)
Biological habitat preserve (Subject to Sec.
Bowling alley (Subject to Section 21.42.140.B.035)
Car wash (Subject to Section 21.42.140.B.045)
Child day care centers (Subject to Chapter 21.83) (defined:
Clubs - non-profit; business, civic, professional, etc.
Drive-through facilities (non restaurant)
(defined: Sec. 21.04.041)
21.42.140.B.030) (defined: Sec. 21.04.048)
(defined: Sec. 21.04.057)
Sec: 21.04.086)
(defined: Sec. 21.04.090)
Educational facilities, other (defined: Sec. 21.04.1 37 (See ,
accessory use.
P CUP ACC
X
2
3
2
-- 2
1
X
2
2
2
2
X
2
2
21.42.1 40.B.070)
Kiosks, vending carts, and push carts (see Note 1, below)
Liquor store (Subject to Sec. 21.42.140.8.085) (defined:
Man"ufacturing/fabrication of goods (ancillary) (Subject to
medical practitioners, clinics, incidental laboratories, and
Mobile buildings (Subject to Section 21.42.140.B.090)
Newslmagazine stands (see Note 1, below)
Nightclubs, dance clubs, and other establishments that play
live or recorded music or make regular use of amplified
sound.
Ofice uses. that Drovide services directlv to consumers.
Sec 21.04.203)
Section 21.31.070) (see Note 1, below)
Medical uses (excluding hospitals), including offices for
pharmacies (prescription only)
(defined Section 21.04.265)
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2
X
X
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including, but not limited to, banking, financial, insurance,
and real estate services, (See note 3, below)
Outdoor dining (incidental) (Subject to Section 21.26.01 3)
Outdoor sales of seasonal agricultural goods (Christmas
Packing/sorting sheds > 600 square feet (Subject to Sec.
trees, pumpkins, and similar products) (Subject to Section
21.31.080(L) (See note 1, below)
21.42.140.8.070)
X
X
1
I Pet shops/pet supplies
Plant nurseries and nursery supply
Pool halls, billiard parlors (Subject to Section
X
1
2
21.42.104.8.1 10) (defined: Sec. 21.04.292)
Public meeting halls, exhibit halls, and museums
Public/quasi-public buildings and facilities and accessory
2
2
through 21.53.150)
Services, provided directly to consumers, and focusing on
utility buildings/ facilities (defined: Sec. 21.04.297)
Radio/teIevision/microwave/broadcast station/tower
21.105 of this Title) (defined: Sec. 21.105.01 5)
(Subject to Chapter 21.105 of this Title. See also Section
21.31.080 of this Chapter) (defined: Sec. 21.105.015)
21.105 of this Title. See also Section 21.31.080 of this
Chapter) (defined: Section 21.105.025) (see Notel, below)
I Recycling collection facilities, large (Subject to Chapter
Recycling facilities, small (collection, temporary storage)
Recycling, reverse vending machine (Subject to Chapter
Religious reading room (separate from church
Residential uses located above the ground floor of a multi-
Restaurants, cafes, and coffee shops, including take-out
Retail uses that provide goods sold directly to consumers,
story, commercial building (subject to Section
21.42.140.8.130)
only service (no drive-through)
and focusing on the needs of the local neighborhood,
the needs of the local neighborhood, including, but not
limited to, personal grooming, dry cleaning, and tailoring
2
2
1
X
1
2
X
X
including sales of liquor (See Note 4, below)
Satellite television antennas (Subject to Sections 21 53.130 X
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services.
Signs (Subject to Chapter 21.41 of this Title)
Temporary building/trailer (construction) (Subject to
Theaters (motion picture or live) - indoor
Theaters, stages, amphitheaters - outdoor
Veterinary clinic/animal hospital (small animals) (defined:
Section 21.53.1 10)
Sec. 21.04.3781
X x
2
2
1
Wireless communications facilities (Subject to Sec.
21.42.140.165) (defined: Sec. 21.04.379)
1 /2
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USE
Agriculture (See note 2 below)
Light-rail transit related facilities (See note 1 below)
Parking lots
Public streets. (Ord. 9818 Q 1 (part), 1986)
Railroad museum
Railroad tracks and related facilities
Notes:
1. Accessory buildings and structures and ancillary uses shall be developed as an integral part of a permitted use
P CUP Acc
X
X
X
X
2
2
-. within or on the same structure or parcel of land.
2.Educational facilitiedschools. No individual school shall occupy more than 10,000 sq. ft. of gross leaseable floor
area within any local shopping center.
3.Offices. The total floor area of an office uses shall not exceed 40% offhe gross leaseable floor area within any local
shopping center.
4.Retail sales may also include those types of goods and services that are typically offered by ‘community” retail
establishments, when “community” retail establishments are included in the local shopping center, subject to the
definition of a local shopping center, Section 21.31.020, and the function of the Local Shopping Center land use class
as described in the Carlsbad General Plan.”
SECTION XXX: That Chapter 21.100 (T-C Transportation Corridor Zone) of the
Carlsbad Municipal Code, Section 21.100.030 is repealed, and Section 21.100.020 is amended
to read as follows:
“21.100.020 Permitted Uses.
A. In a T-C zone, notwithstanding any other provision of this title, only the uses
listed in Table A, below, shall be permitted, subject to the requirements and development
standards specified by this chapter, and subject to the provisions of Chapter 21.44 governing
off-street parking requirements.
The uses permitted by conditional use permit, as indicated in Table A, shall be
subject to the provisions of Chapter 21.42.
A use similar to those listed in Table A may be permitted if the Planning Director
determines such similar use falls within the intent and purposes of the zone, and is substantially
similar to the specified permitted uses.
A use category may be general in nature, where more than one particular use fits
into the general category (ex: in some commercial zones “office” is a general use category that
applies to various office uses). However, if a particular use is permitted by conditional use
permit in another zone, the use shall not be permitted in this T-C Zone (even under a general
use category) unless it is specifically listed in Table A of this Chapter as permitted or
:onditionally permitted.
B.
C.
D.
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Recreational facilities (public) (See note 3 below)
Recreation use open to the public (See note 4 below)
Signs, except for billboards, subject to the, provisions of
X
X
2
Notes:
1. Consisting of: (A) Tracks, (B) Energy transmission facilities, including rights-of-way and pressure control or
booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, (C)
Maintenancekepair facilities, (D) Stations;
2. Only the following agricultural uses, and buildings accessory to such agricultural uses, are permitted in the T-
C zone: (A) Field and seed crops, (B) Truck crops, (C) Horticultural crops, (D) Orchards and vineyards, (E) Tree
farms, (F) Fallow lands;
3.
4.
Limited to: (A) Passive open space, (B) Bicycle paths, (C) Pedestrian trails; Tennis courts, picnic areas and similar temporary uses.“
SECTION Xxxl: That Chapter 21.04 of the Carlsbad Municipal Code is amended by the
addition of Section 21.04.379 to read as follows:
“21.04.379 Wireless communication facility.
‘Wireless communication facility’ means any component, including antennas and all
related equipment, buildings, and improvements for the provision of personal wireless services
defined by the Federal Telecommunications Act of 1996 and as subsequently amended.
Personal wireless services include but are not limited to cellular, personal communication
services (PCS), enhanced specialized mobile radio (ESMR), paging, ground based repeaters
for satellite radio services, micro-cell antennae and similar systems which exhibit technological
characteristics similar to them.”
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Y
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SECTION XXXII: That the findings of the Planning Commission as set forth in
Planning Resolution constitute the findings of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause iUo be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be
effective within the Cify’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 2006, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of
AYES:
NOES:
ABSENT:
ABSTAIN:
2006, by the following vote, to wit:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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CUP Master List - All Zones.xls - Updated: 01/05/06
2
This table is for reference only; not to be part of final code
TABLE "A"
PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS I CONDITIONALLY ALLOWED USES, BY ZONES I GROUPLAND USE I E-A I R-A I R-E I R-1 I R-2 I R-3 IRD-MI R-T I R-W IRMHPI R-P(R)I R-P(0) I 0 I C-1 I C-2 I C-T I C-M 1 M I P-M I P-U I 0-S I C-F I C-L
1
11
2
222
222
211
11
Au tomotiveNehicleLRVPa rking Uses
~
0
(*) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 1
CUP Master List - All Zones.xls - Updated: 01/05/06
CROUPLAND USE E-A R-A R-E R-1 R-2
z Zoos (private) (Subject to Sec.
21.42.140.B.l7O)(defined: Sec. 21.04.400)
This table is for reference only; not to be part of final code
TABLE "A"
PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS I CONDITIONALLY ALLOWED USES. BY ZONES I
R-3 RD-M R-T R-W RMHP R-P( R) R-P(0) 0 C-1 C-2
2222222222 2 2 222
~~
Recreation/Entertainrnent
Amusement parks 0
Arcades - coin operated (Subject to Section
21.42.140.B.15) (defined: Sec. 21.04.091)
Athletic fields
Bait shop (accessory to rec. facility)
Bars, cocktail lounges (Subject to Section
21.42.140.B.20) (defined Sec. 21.04.041)
Boat launchingldocking facility
Boat rides
Bowling alley (Subject to Section
21.42.140.B.35) (defined: Sec. 21.04.057) 0
2222222 Campsites (overnight) (Subject to Se
2 1.42.140.B.40
Cultural activities & facilitie
Entertainment activities & facilitie
Escort service (Subject to Sectio
Games of skill
Marinas
Nightclubs, dance clubs, and other
establishments that play live or recorded
music or make regular use of amplified sound.
Parks, private
Picnic areas (private)
Playgrounddplayfields
21.42.140.B.l lO)(defined: Sec. 21.04.292 iol I I I I I Pool halls, billiard parlors (Subject to Sectio
I Racetracks1 0 I I I I I I
212 --I- +
212 I l2 + + +
313
i
22
212
212 I 21 +
(*) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 2
CUP Master List - All Zones XIS - Updated: 01/05/06 This table is for reference only; not to be part of final code
TABLE “A“
PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS
Sporting goods shop (acc to rec facility
Medicamealth Uses
Alcoholic treatment centers 0 222 22220 2
2 2PPP 2 P Athletic clubs, gymnasiums, health clubs, and
physical conditionaing businesses
Hospitals (defined Sec 21 04 170) 0 222 22220
Hospitals (mental) (defined Sec 21 04 175) 0 222 2 2 2 2’0
(*) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 3
CUP Master List - All Zones.xls - Updated: 01/05/06
GROUPLAND USE
Residential uses located above the ground
(subject to Section 21.42.140.B.130)
Timeshare projects (Subject to Sec.
21.42.140.B.155) (defined: Sec. 21.04.357)
floor of a multi-story, commercial building
This table is for reference only; not to be part of final code
E-A R-A R-E R-1 R-2 R-3 RD-M R-T R-W RMAP R-P(R) R-P(0) 0 C-1 C-2 C-T C-M M P-M P-U 0-S C-F C-L
c
22 2
333 3 0 33
TABLE "A"
PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS I CONDITIONALLY ALLOWED USES, BY ZONES I
(*) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 4
CUP Master List - All Zones.xls - Updated: 01/05/06
Mini-warehoused self storage
Mobile buildings (Subject to Section
21.42.140.8.90) (defined Section 21.04.265)
Mortuaries
Pawnshops (Subject to Sec 21.42.104.8.105)
Refreshment facilities'
Restaurants (bons fide public eating
establishment) (Defined: Sec.2 1.04.056)
TABLE "A"
0 000 22200
2222222222 2 2 22222222222
0 0 22 220
0 022 22000
1
2P 2 2
This table is for reference only; not to be part of final code
PROPOSED CONDITIONAL USES AND APPROVAL AUTHORITY REVISIONS I CONDITIONALLY ALLOWED USES, BY ZONES c GROUPLAND USE I E-A I R-A I R-E I R-1 I R-2 I R-3 I RD-MI R-T I R-W I RMHPl R-P( R) I R-P(0) I 0 I C-1 I C-2 I C-T I C-M I M I P-M I P-U I 0-S I C-F I C-L
CUP Master List - All Zones.xls - Updated: 01/05/06
GROUPLAND USE
Restaurants (located adjacent to residentially
th)
developed or designated property, no drive-
Retail uses
Tanoo parlors (Subject to Sec
21 42 140B 140)
Thrift shops (Subject to Sec 21 42 104 B 150)
Windmills (exceeding height limit of zone)
(Subject to 21 42 140 B 160)
This table is for reference only; not to be part of final code
CONDITIONALLY ALLOWED USES, BY ZONES
E-A R-A R-E R-1 R-2 R-3 RD-M R-T R-W RMHP R-P(R) R-P(0) 0 C-1 C-2 C-T k-M M P-M P-U 0-S C-F C-L
2 i
2
0 022 22000
0 022 22000
2 222222222
2 Radio/television/microwave/ broadcast
statiodtower
Satellite antennae (>I per use) (defined Sec
21.04.302)
Wireless communications facilities (Subject to
Sec. 21.42.140.165) (defined: Sec. 21.04.379) 112 112 112 112 112 112 112 112 112 112 112
2 222222222 2
111
112 112 112 112 112 112 112 112 112 112 112 112
Industrial Used Heaw Commercial
(*) KEY:, 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 6
Educational institutions or schools,
publidprivate (defined: Sec. 21.04.140)
Educational facilities, other (defined: Sec.
21.04.137:,
r) KEY: 0 = Former CUP, no longer allowed use; 1 = Admin.; 2 = Planning Commission; 3 = City Council; P = Former CUP, now permitted use Page 7
0222222022 2 2 222222202
1PP P